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DOCUMENTS 
DEPT. 


UC-NRLF 


B   L4   176   E7D 


DOCUMENTS 


REPORT  OF  THE  COMMISSIONERS 


FOR  THK 


Revision  and  Reform  of  the  Law. 


DECEMBER  5,  1896. 


FRANK  T.  BALDWIN,  RYLAND  B.  WALLACE,  JAMES  C.  DALY, 

Commissioners. 


PETER  J.  SHIELDS, 


Secretary. 


SACRAMENTO: 
a.  j.  Johnston,     ::::::     superintendent  state  printing. 

1896. 


KA*o 

A4 

DOCUMENTS 
DEPT.  ^ 

Office  of  the  Commissioners  for  the^ 

Revision  and  Reform  of  the  Law, 

Sacramento,  Cal.,  December  5,  1896.  ) 

To  his  Excellency  James  H.  Budd,  Governor  of  the  State  of  California: 

Sir:  The  undersigned  herewith  present  the  report  of  the  Commis- 
sioners for  the  Revision  and  Reform  of  the  Law,  as  required  by  the  Act 
of  the  Legislature  under  which  they  were  appointed.  Owing  to  the 
unavoidable  absence  of  Hon.  Frank  T.  Baldwin,  one  of  the  Com- 
missioners, during  the  preparation  of  the  report,  it  contains  those 
recommendations  which  have  been  agreed  upon  by  the  two  other 
Commissioners. 

The  general  scope  of  the  recommendations  made  is  to  embody  in  the 
Codes,  as  far  as  practicable,  the  many  statutes  in  force,  in  their  appro- 
priate places  therein.  The  mass  and  divergent  character  of  such 
statutes  is,  however,  so  great,  that  the  work  of  their  codification  is  not 
complete.  We  have  attempted  to  harmonize  the  many  conflicting 
sections  of  the  Codes,  and  to  place  all  provisions  appropriately  therein. 
Many  changes  in  the  numbering  of  sections  have  been  recommended,  to 
afford  numbers  in  proper  chapters  for  duplicate-numbered  sections,  and 
for  provisions  of  statutes  in  force  which  have  in  this  revision  been 
placed  in  the  Codes.  No  disturbance  has,  however,  been  made  in  the 
numbering  of  those  important  and  leading  sections  which  have  been 
made  the  subject  of  judicial  decision.  The  enumeration  of  statutes  in 
force  has  been  reserved  for  a  subsequent  report.  Proposed  changes 
in  the  management  of  public  institutions  have  been  considered,  and 
recommendations  in  that  regard  will  be  made  to  the  Legislature  at 
its  coming  session. 

The  Commissioners  are  under  obligations  to  the  bench  and  bar  of  this 
State  for  many  valuable  suggestions. 

The  report  is  submitted  with  the  hope  that  it  will  be  carefully  exam- 
ined by  those  interested,  and  especially  by  the  legal  profession,  whose 
comments  thereon  will  enable  us  to  correct  it  where  erroneous,  and 
supply  its  deficiencies  where  incomplete. 

Respectfully  submitted. 

RYLAND  B.  WALLACE, 
J.  C.  DALY, 
Commissioners  for  the  Revision  and  Reform  of  the  Law. 


373 


PROPOSED  AMENDMENTS  TO  THE 

PENAL  CODE. 


Section  15.     To  be  amended  to  read  as  follows: 

Sec.  15.  A  crime  or  public  offense  is  an  act  committed  or  omitted  in 
violation  of  a  law  forbidding  or  commanding  it,  and  to  which  is  annexed, 
upon  conviction,  either  of  the  following  punishments: 

1.  Death; 

2.  Imprisonment; 

3.  Fine; 

4.  Removal  from  office; 

5.  Disqualification  to  hold  and  enjoy  any  office  of  honor,  trust,  or 
profit  in  this  State; 

6.  Other  penal  discipline. 

Note. — The  amendment  is  the  addition  of,  "Other  penal  discipline,"  which  is 
desirable  because  in  all  offenses  of  minors  the  court,  in  its  discretion,  may  com- 
mit the  offender  to  a  charitable  institution  or  person  willing  to  receive  him.  (See 
Section  1388,  this  Code.) 

Section  18.     To  be  amended  to  read  as  follows: 

Sec.  18.     Except  in  cases  where  a  different  punishment  is  prescribed 

by  this  Code,  every  offense  declared  to  be  a  felony  is  punishable  by 

imprisonment  in  the  state  prison  not  exceeding  five  years,  or  by  a  fine 

of  not  exceeding  one  thousand  dollars,  or  by  both. 

Note. — The  amendment  allows  the  court,  in  its  discretion,  to  punish  by  fine,  or 
by  both  fine  and  imprisonment. 

Section  22.     To  be  amended  to  read  as  follows: 

Sec.  22.  No  act  committed  by  a  person  while  in  a  state  of  voluntary 
intoxication  is  less  criminal  by  reason  of  his  having  been  in  such  con- 
dition. But  whenever  the  actual  existence  of  any  particular  purpose, 
motive,  or  intent  is  a  necessary  element  to  constitute  any  particular 
species  or  degree  of  crime,  the  jury  may  take  into  consideration  the  fact 
that  the  accused  was  intoxicated  at  the  time,  in  determining  the  purpose, 
motive,  or  intent  with  which  he  committed  the  act;  but  evidence  of  such 
intoxication  must  be  received  with  great  caution. 

Note.— The  amendment  is  the  addition  of,  "  but  evidence  of  such  intoxication 
must  be  received  with  great  caution,"  which  makes  the  section  conform  to  the 
decision  in  People  vs.  Vincent,  95  Cal. 


2  PROPOSED    AMENDMENTS   TO    THE 

Section  27.     To  be  amended  to  read  as  follows: 

Sec.  27.  The  following  persons  are  liable  to  punishment  under  the 
laws  of  this  State: 

1.  All  persons  who  commit,  in  whole  or  in  part,  any  crime  within 
this  State; 

2.  All  who  commit  without  this  State  any  offense  which,  if  committed 
within  this  State,  would  be  larceny  or  robbery  under  the  laws  of  this 
State;  and  bring  to,  or  are  found  with,  the  property  stolen,  or  feloni- 
ously appropriated,  within  this  State; 

3.  All  who,  being  out  of  this  State,  cause  or  aid,  advise  W  encourage, 
another  person  to  commit  a  crime  within  this  State,  and  are  afterward 
found  therein; 

4.  All  who,  being  out  of  this  State,  abduct  or  kidnap,  by  force  or  fraud, 
any  person,  contrary  to  the  law  of  the  place  where  such  act  is  commit- 
ted, and  bring,  send,  or  convey,  such  person  within  the  limits  of  this 
State,  and  are  afterward  found  therein; 

5.  All  who  leave  the  State  for  the  purpose  of  committing  a  crime,  and 
actually  commit  the  same  outside  this  State,  as  provided  in  this  Code, 
and  are  afterward  found  therein. 

Section  28.     A  new  section  to  be  added  to  read  as  follows: 
Presumption  of  responsibility  for  acts. 

Sec.  28.  A  person  is  presumed  to  be  responsible  for  his  acts.  The 
burden  of  proving  that  he  is  irresponsible  is  upon  the  accused  person, 
except  as  otherwise  prescribed  by  this  Code. 

Section  29.     A  new  section  to  be  added  to  read  as  follows: 
Morbid  criminal  propensity  no  defense. 

Sec.  29.  A  morbid  propensity  to  commit  prohibited  acts,  existing  in 
the  mind  of  a  person  who  is  not  shown  to  be  incapable  of  knowing  the 
wrongfulness  of  such  acts,  forms  no  defense  to  a  prosecution  therefor. 

Section  63.     A  new  section  to  be  added  to  read  as  follows: 
Prohibiting  the  sale  of  intoxicating  liquors  on  election  day. 

Sec.  63.     Every  person  keeping  a  public  house,  saloon,  or  drinking- 

place,  either  licensed  or  unlicensed,  who  shall  sell,  give  away,  or  furnish 

spirituous  or  malt  liquors,  wine,  or  any  other  intoxicating  beverages,  on 

any  part  of  any  day  set  apart,  or  to  be  set  apart,  for  any  general  or 

special  election,  by  the  citizens,  in  any  election  district  or  precinct,  in 

any  of  the  counties  within  this  State,  where  an  election  is  in  progress, 

during  the  hours  when  by  law  in  said  district  or  precinct  the  election 

polls  are  required  to  be  kept  open,  is  guilty  of  a  misdemeanor. 

Note.— This  section  contains  the  provisions  of  "An  Act  to  prevent  the  sale  of 
intoxicating  liquors  on  election  days,"  approved  March  7, 1874. 


PENAL    CODE.  3 

Section  68.     To  be  amended  to  read  as  follows: 

Sec.  68.  Every  executive  officer,  or  person  elected  or  appointed  to, 
or  a  candidate  or  applicant  for,  an  executive  office,  who  asks,  receives, 
or  agrees  to  receive,  any  bribe,  emolument,  gratuity,  or  reward,  upon 
any  agreement  or  understanding  that  his  vote,  opinion,  or  action  upon 
any  matter  then  pending,  or  which  may  be  brought  before  him,  in  his 
official  capacity,  shall  be  influenced  thereby,  is  punishable  by  imprison- 
ment in  the  state  prison  for  a  term  of  not  less  than  one,  nor  more  than 
fourteen,  years,  and  in  addition  thereto  forfeits  his  office,  and  is  forever 
disqualified  from  holding  any  office  in  this  State. 

Note.— This  amendment  is  to  include  in  the  offense  prohibited  by  the  statute 
the  taking  of  bribes  by  a  candidate,  or  applicant,  prior  to  his  election  or  appoint- 
ment. 

Section  70.     To  be  amended  to  read  as  follows: 

Sec.  70.  Every  executive  or  ministerial  officer  who  knowingly  asks 
or  receives  any  bribe,  emolument,  gratuity,  or  reward,  or  any  promise 
thereof,  excepting  such  as  may  be  authorized  by  law,  for  doing,  or  having 
theretofore  done,  any  official  act,  is  guilty  of  a  misdemeanor. 

Note—  This  amendment  is  suggested  by  the  case  of  People  vs.  Kalloch,  60  Cal. 
117. 

Section  76.     To  be  amended  to  read  as  follows: 

Sec.  76.  Every  officer  whose  office  is  abolished  by  law,  or  who,  after 
the  expiration  of  the  time  for  which  he  may  be  appointed  or  elected,  or 
after  he  has  resigned  or  been  legally  removed  from  office,  willfully  and 
unlawfully  withholds  or  detains  from  his  successor,  or  other  person 
entitled  thereto,  the  records,  papers,  documents,  or  other  writing  apper- 
taining or  belonging  to  his  office,  or  mutilates,  destroys,  or  takes  away 
the  same,  or  willfully  and  unlawfully  withholds  or  detains  from  his 
successor,  or  other  person  entitled  thereto,  any  money  in  his  custody  as 
such  officer,  shall  be  punished  by  imprisonment  in  the  state  prison  for 
not  less  than  one,  nor  more  than  ten,  years. 

Note.— The  amendment  makes  the  section  apply  to  moneys  in  the  custody  of 
an  officer  where  he  refuses  to  turn  over  the  same  to  his  successors.  The  present 
section  does  not  apply  to  such  moneys.    (See  People  vs.  Hamilton,  103  Cal.  495.) 

Section  78,  of  Part  I,  Title  V.  A  new  section  to  be  added  to  read  as 
follows: 

Intoxication  of  officers. 

Sec.  78.  Any  State  officer,  or  officer  of  a  town,  village,  city,  county, 
or  city  and  county,  who  shall  be  intoxicated  while  in  the  discharge  of 
the  duties  of  his  office,  or  who,  by  reason  of  intoxication,  is  disqualified 
for  the  discharge,  or  neglects  the  duties  of  his  office,  shall  be  guilty  of  a 


4  PROPOSED   AMENDMENTS   TO   THE 

misdemeanor,  and,  on  conviction  of  such  misdemeanor,  shall  forfeit  his 

office. 

Note.— This  section  is  taken  from  "An  Act  relating  to  the  intoxication  of  offi- 
cers," approved  April  15,  1880. 

Section  99.     To  be  amended  to  read  as  follows: 

Sec.  99.  Every  Superintendent  of  State  Printing,  who,  during  his 
continuance  in  office,  shall  have  any  interest,  directly  or  indirectly,  in 
any  printing  of  any  kind,  binding,  engraving,  or  lithographing,  con- 
nected with  the  State  printing,  or  in  any  contract  for  furnishing  paper, 
or  other  printing  stock  or  material  connected  with  the  State  printing, 
is  punishable  by  imprisonment  in  the  state  prison  for  not  less  than  two, 
nor  more  than  five,  years,  or  by  a  fine  of  not  less  than  one  thousand  nor 
more  than  three  thousand  dollars,  or  by  both  such  fine  and  imprison- 
ment. 

Section  100.     To  be  amended  to  read  as  follows: 

Sec.  100.  Every  Superintendent  of  State  Printing  who  shall  cor- 
ruptly collude  with  any  person  or  persons  furnishing  paper  or  materials, 
or  bidding  therefor,  or  with  any  person  or  persons  furnishing  materials 
connected  with  the  State  printing,  or  who  shall  have  a  secret  under- 
standing with  any  person  or  persons  to  defraud  the  State,  or  by  which 
the  State  shall  be  defrauded,  or  made  to  sustain  a  loss,  shall,  upon  con- 
viction thereof,  forfeit  his  office  and  is  punishable  by  imprisonment  in 
the  state  prison  for  not  less  than  two  years,  or  by  a  fine  of  not  less 
than  one  thousand  nor  more  than  three  thousand  dollars,  or  by  both 
such  fine  and  imprisonment. 

Section  119.     To  be  amended  to  read  as  follows: 

Sec.  119.  The  term  "oath,"  as  used  in  the  last  section,  includes  an 
affirmation,  and  every  other  mode  authorized  by  law  of  attesting  the 
truth  of  that  which  is  stated,  and  also  the  signing  of  an  instrument 
with  the  intention  that  the  seal  of  an  officer,  authorized  to  administer 
oaths,  shall  be  afterward  affixed  thereto,  so  as  to  make  such  instrument 
appear  as  duly  and  legally  sworn  to  by  the  person  signing. 

Section  124.     To  be  amended  to  read  as  follows: 
Making  depositions,  etc.,  when  deemed  complete. 

Sec.  124.  The  making  of  a  deposition,  affidavit,  or  certificate  is 
deemed  to  be  complete  within  the  provisions  of  this  chapter,  from  the 
time  when  it  is  delivered  by  the  accused  to  any  other  person,  with  the 
intent  that  it  be  uttered  or  published  as  true. 

Note.— The  effect  of  this  amendment  is  to  make  false  statements  in  an  affidavit 
come  under  the  provisions  of  this  section. 


PENAL    CODE.  5 

Section  129.     A  new  section  to  be  added  to  read  as  follows: 
False  returns — Perjury. 

Sec.  129.  Every  person,  who,  being  required  by  law  to  make  any 
return,  statement,  or  report,  under  oath,  willfully  makes  any  such  return, 
statement,  or  report,  knowing  the  same  to  be  false  in  any  particular,  is 
guilty  of  perjury. 

Section  137.     To  be  amended  to  read  as  follows: 

Sec.  137.  Every  person  who  gives,  or  offers,  or  promises  to  give,  to 
any  witness,  or  person  about  to  be,  or  who  may  be  called,  as  a  witness, 
any  bribe,  emolument,  gratuity,  or  reward,  upon  any  understanding  or 
agreement  that  the  testimony  of  such  person  shall  be  thereby  influenced, 
or  who  attempts  by  any  means  fraudulently  to  induce  any  person  to 
give  false,  or  withhold  true,  testimony,  is  guilty  of  a  felony. 

Section  138.     To  be  amended  to  read  as  follows: 

Sec.  138.  Every  person  who  is  a  witness,  or  who  is  about  to  be,  or 
who  may  be  called  as  such,  who  receives,  or  offers  to  receive,  any  bribe, 
emolument,  gratuity,  or  reward,  upon  any  understanding  that  his  tes- 
timony shall  be  influenced  thereby,  or  that  he  will  absent  himself  from 
the  trial  or  proceeding  upon  which  his  testimony  is  or  may  be  required, 
is  guilty  of  a  felony. 

Note. — The  amendments  proposed  to  the  two  foregoing  sections  place  a  person 
who  may  be  called  as  a  witness  within  the  scope  thereof. 

Sections  158  and  159  to  be  consolidated  into  Section  158,  which  sec- 
tion is  to  read  as  follows: 

Sec.  158.  Common  barratry  is  the  practice  of  exciting  groundless 
judicial  proceedings,  and  is  punishable  by  imprisonment  in  the  county 
jail  not  exceeding  six  months,  and  by  a  fine  not  exceeding  five  hundred 
dollars;  provided,  that  no  person  can  be  convicted  of  common  barratry 
except  upon  proof  that  he  has  excited  suits  or  proceedings  at  law  in  at 
least  three  instances,  and  with  a  corrupt  or  malicious  intent  to  -vex  and 
annoy. 

Note.— The  section  is  amended  to  require  only  a  corrupt  or  malicious  intent, 
while  at  present  it  requires  that  the  intent  shall  be  both  corrupt  and  malicious. 

Section  159^  to  be  numbered  159. 

Section  165.     To  be  amended  to  read  as  follows  : 

Sec.  165.  Every  person  who  gives  or  offers  any  bribe,  emolument, 
gratuity,  or  reward,  to  any  member  of  any  Common  Council,  Board  of 
Supervisors,  or  Board  of  Trustees,  of  any  county,  city,  city  and  county, 
or  corporation,  with  intent  to  corruptly  influence  such  member  in  his 
action  on  any  matter  or  subject,  pending  before,  or  which  may  after- 
ward be  considered  by,  the  body  of  which  he  is  a  member,  and  every 


6  PROPOSED    AMENDMENTS   TO   THE 

member  of  any  of  the  bodies  mentioned  in  this  section  who  receives,  or 
offers  to  receive,  any  such  bribe,  emolument,  gratuity,  or  reward,  is  pun- 
ishable by  imprisonment  in  the  state  prison  for  a  term  of  not  less  than 
one,  nor  more  than  fourteen,  years,  and  is  disqualified  from  holding  any 
office  in  this  State. 

Note.— The  amendment  makes  the  section  apply  to  matters  which  may  be  con- 
sidered after  the  bribe  is  offered  or  accepted. 

Section  167.     To  be  amended  to  read  as  follows  : 

Sec.  167.  Every  public  officer  authorized  by  law  to  make  or  give  any 
certificate,  or  other  writing,  who  makes  and  delivers  as  true  any  such 
certificate  or  writing,  containing  any  statement  which  he  knows  to  be 
false;  and  every  officer  authorized  by  law  to  administer  oaths,  who  cer- 
tifies that  a  person  has  personally  appeared  before  him  and  subscribed 
and  sworn  to  a  document,  when  in  fact  such  person  did  not  personally 
appear  before  him  and  subscribe  and  swear  to  such  document,  is  guilty 
of  a  felony. 

Section  172.     To  be  amended  to  read  as  follows: 

Sec.  172.  Every  person  who,  within  two  miles  of  the  lands  belong- 
ing to  this  State,  upon  which  is  situated  any  state  prison;  or  within  one 
mile  of  any  insane  asylum  belonging  to  the  State,  or  within  the  state 
capitol,  or  within  the  limits  of  the  grounds  adjacent  and  belonging 
thereto,  sells,  gives  away,  or  exposes  for  sale,  any  vinous  or  alcoholic 
liquors,  is  guilty  of  a  misdemeanor. 

Section  178.  To  be  repealed  as  repugnant  to  the  constitution  of  the 
United  States,  being  in  conflict  with  the  treaty  between  the  United 
States  and  China. 

Section  179.     To  be  repealed  for  the  same  reason  as  Section  178. 

Section  178.     A  new  section  to  be  added  to  read  as  follows  : 

Prohibiting  the  sale  of  intoxicating  liquors  within  two  miles  of  the  Uni- 
versity of  California. 
Sec.  178.  Any  person  who  keeps,  or  exposes  for  sale,  or  sells,  or  gives, 
or  permits  others  to  take,  for  any  consideration,  directly  or  indirectly, 
any  malt,  spirituous,  or  other  alcoholic  liquors,  upon  or  within  two 
miles  of  the  grounds  belonging  and  adjacent  to  the  University  of  Cali- 
fornia, in  Alameda  County,  is  guilty  of  a  misdemeanor,  and  is  punish- 
able by  imprisonment  in  the  county  jail  of  Alameda  County  for  not 
less  than  thirty,  nor  more  than  ninety,  days,  or  by  a  fine  not  less  than 
fifty,  nor  more  than  one  hundred,  dollars,  or  by  both  such  fine  and 
imprisonment. 

Note.— This  section  contains  substantially  the  provisions  of  the  Act  of  Decem- 
ber 23,  1873,  relating  to  the  subject. 


PENAL   CODE.  7 

Section  179.     A  new  section  to  be  added  to  read  as  follows: 
Communication  with  convicts  confined  in  the  state  prison. 

Sec.  179.  Every  person,  not  authorized  by  law,  who,  without  the  per- 
mission of  the  warden,  or  other  officer  in  charge  of  either  of  the  state 
prisons  of  this  State,  communicates  with  any  convict  therein,  or  brings 
into  either  of  said  state  prisons  any  letter  or  writing,  addressed  to,  or 
intended  for,  any  convict  therein,  or  carries  out  of  either  of  said  state 
prisons  any  letter  or  writing,  from  any  convict  therein,  is  guilty  of  a 
misdemeanor. 

Section  180.     A  new  section  to  be  added  to  read  as  follows: 
Furnishing  noxious  drugs  to  convicts. 

Sec.  180.  Every  person,  not  authorized  by  law,  who  shall  sell,  give, 
or  furnish  to  any  convict,  confined  in  either  of  the  state  prisons  of  this 
State,  or  shall  place  upon  any  of  the  grounds  of  either  of  said  state 
prisons,  or  in  the  vicinity  thereof,  any  opium,  morphine,  cocaine,  or 
other  noxious  drugs,  is  guilty  of  a  felony. 

Section  181.     A  new  section  to  be  added  to  read  as  follows: 
Entering  state  prison  grounds  in  the  night-time. 

Sec.  181.  Every  person  who  shall,  without  the  consent  of  the  warden, 
or  other  officer  in  charge  of  either  of  the  state  prisons  of  this  State,  go 
or  be  upon  the  grounds  of  either  of  said  prisons,  or  lands  belonging  to 
the  State  adjacent  thereto,  in  the  night-time,  is  guilty  of  a  misdemeanor. 

Section  192.     To  be  amended  to  read  as  follows: 
Sec.  192.     Manslaughter  is  the  unlawful  killing  of  a  human  being, 
without  malice.     It  is  of  two  kinds  : 

1.  Voluntary — Upon  a  sudden  quarrel  or  heat  of  passion;  but  in 
order  to  constitute  voluntary  manslaughter,  there  must  be  a  serious  and 
highly  provoking  injury  inflicted  upon  the  person  killing,  sufficient  to 
excite  an  irresistible  passion  in  a  reasonable  being; 

2.  Involuntary — In  the  commission  or  attempt  to  commit  an  abor- 
tion unlawfully,  in  consequence  of  which,  or  of  any  disease  ensuing 
therefrom,  the  woman  dies,  as  provided  in  part  one,  title  nine,  chapter 
three  of  this  Code  ;  or  in  the  commission  of  an  unlawful  act  (other,  than 
an  abortion  or  attempt  to  commit  an  abortion)  not  amounting  to  felony; 
or  in  the  commission  of  a  lawful  act  which  might  produce  death,  in  an 
unlawful  manner,  or  without  due  caution  and  circumspection. 

Note.— The  effect  of  the  amendment  is  to  require  a  serious  and  highly  provok- 
ing injury,  sufficient  to  excite  irresistible  passion  in  a  reasonable  being,  to  consti- 
tute voluntary  manslaughter;  and  to  include  death  caused  by  abortion  in  the 
definition  of  involuntary  manslaughter. 


8  PROPOSED   AMENDMENTS   TO   THE 

Section  207.     To  be  amended  to  read  as  follows: 

Sec.  207.  Every  person  who  forcibly  steals,  takes,  or  arrests  any  per- 
son in  this  State,  and  carries  him  to  any  place,  or  who  forcibly  takes 
or  arrests  any  person  with  a  design  to  take  him  out  of  this  State,  with- 
out having  established  a  claim  according  to  the  laws  of  the  United  States, 
or  of  this  State,  or  who  hires,  persuades,  entices,  decoys,  or  seduces  by 
false  promises,  misrepresentations,  or  the  like,  any  person  to  go  out  of 
this  State,  or  to  be  taken  or  removed  therefrom,  for  the  purpose  and  with 
the  intent  to  sell  such  person  into  slavery  or  involuntary  servitude,  or 
otherwise  employs  him  for  his  own  use,  or  for  the  use  of  another,  without 
the  free  will  and  consent  of  such  persuaded  person;  and  every  person 
who,  being  out  of  this  State,  abducts  or  takes  by  force  or  fraud  any  per- 
son contrary  to  the  law  of  the  place  where  such  act  is  committed,  and 
brings,  sends,  or  conveys,  such  person  within  the  limits  of  this  State, 
and  is  afterward  found  within  the  limits  thereof,  is  guilty  of  kidnaping. 

Note.— The  present  section  requires  the  taking  of  the  person  out  of  the  county 
to  constitute  kidnaping.  The  object  of  the  amendment  is  to  make  any  carrying, 
although  within  a  county,  sufficient  to  constitute  kidnaping. 

Section  218.     To  be  amended  to  read  as  follows: 
Railroad  felony  defined. 

Sec.  218.  Every  person  who  goes  upon,  or  boards,  any  railroad  train, 
with  the  intention  of  robbing  any  passenger  thereon,  or  of  taking  from 
said  train  any  property  or  money  in  the  possession,  or  care,  or  under 
the  control  of  any  person  thereon,  or  who  interferes  in  any  manner  with 
any  switch,  rail,  sleeper,  viaduct,  culvert,  embankment,  or  structure, 
appertaining  to,  or  connected  with,  any  railroad,  or  places  any  dyna- 
mite, or  other  explosive  substance  or  material,  upon  or  near  the  track 
of  any  railroad,  or  who  sets  fire  to  any  railroad  bridge  or  trestle,  or  who 
shows,  masks,  extinguishes,  or  alters  any  light  or  other  signal,  or 
exhibits,  or  compels  any  other  person  to  exhibit,  any  false  light  or  sig- 
nal, or  who  stops  any  train,  or  slackens  the  speed  thereof,  or  who  com- 
pels, or  attempts  to  compel,  any  person  in  charge  or  control  thereof  to 
stop  any  train  or  slacken  the  speed  thereof,  with  the  intention  either  to 
rob  any  passenger  thereon,  or  to  take  from  said  train  any  property  or 
money  in  the  possession  or  charge,  or  under  the  control  of,  any  person 
thereOn,  is  guilty  of  railroad  felony. 

Section  219.     A  new  section  to  be  added  to  read  as  follows: 
Punishment  for  railroad  felony. 

Sec.  219.  Every  person  guilty  of  railroad  felony  shall  suffer  death, 
or  imprisonment  in  the  state  prison  for  life,  in  the  discretion  of  the  jury 
trying  the  same. 


PENAL   CODE.  9 

Section  223.     A  new  section  to  be  added  to  read  as  follows: 
Aiding,  advisiiig,  or  encouraging  suicide. 

Sec.  223.  Every  person  who  deliberately  aids,  advises,  or  encourages 
another  to  commit  suicide,  is  guilty  of  a  felony. 

Note—  This  is  the  second  of  three  sections  number  400  of  this  Code. 

Section  232.     To  be  amended  to  read  as  follows: 

Sec.  232.     No  person  shall  be  excused  from  testifying  or  answering 

any  question  upon  any  investigation  or  trial  for  a  violation  of  any  of 

the  provisions  of  this  chapter,  upon   the  ground  that  his  testimony 

might  tend  to  convict  him  of  a  crime.     But  no  evidence  given  upon  any 

examination  of  a  person  so  testifying  shall  be  received  against  him  in 

any  criminal  prosecution  or  proceeding. 

Note.— The  only  change  made  by  the  above  amendment  is  substituting  the  word 
"any  "  for  the  word  "either,"  which  seems  necessary,  as  there  are  more  than  two  of 
such  provisions. 

Section  258.     A  new  section  to  be  added  to  Chapter  X,  Part  I,  Title 

VIII,  to  read  as  follows: 
Slander  of  females. 

Sec.  258.  Every  person  who,  in  a  public  manner,  or  at  any  meeting 
or  assemblage,  where  more  than  twenty  persons  are  present,  states  or 
charges  that  any  class,  or  portion  of  a  class,  of  females  in  a  community, 
professing  to  lead  virtuous  lives,  is  unchaste,  whether  such  statement  or 
charge  is  true  or  false,  is  guilty  of  a  misdemeanor. 

Section  270.     A  new  section  to  be  added  to  Chapter  I,  Part  I,  Title 

IX,  to  read  as  follows  : 

Enticement  of  females  for  immoral  purposes. 

Sec.  270.  Every  person  who  inveigles  or  entices  any  unmarried  female, 
of  previous  chaste  character,  under  the  age  of  eighteen  years,  into  any 
house  of  ill-fame,  or  house  of  assignation,  or  elsewhere,  for  the  purpose 
of  prostitution,  and  every  person  who  aids  or  assists  in  such  abduction 
for  such  purpose,  and  every  person  who,  by  any  false  pretenses,  false 
representation,  or  other  fraudulent  means,  procures  any  female  to  have 
illicit  carnal  connection  with  any  man,  is  punishable  by  imprisonment 
in  the  state  prison  not  exceeding  one  year,  or  by  a  fine  not  exceeding 
one  thousand  dollars,  or  by  both. 

Note.— The  present  Section  270  is  to  be  numbered  Section  273. 

Section  271.  A  new  section  to  be  added  to  Chapter  I,  Part  I,  Title 
IX,  to  read  as  follows: 

Adultery. 

Sec.  271.     Every  person  who  lives  in  a  state  of  open  and  notorious 


10  PROPOSED    AMENDMENTS   TO    THE 

cohabitation  and  adultery  is  guilty  of  a  misdemeanor,  and  is  punish- 
able by  a  fine  not  exceeding  one  thousand  dollars,  or  by  imprisonment 
in  the  county  jail  not  exceeding  one  year,  or  by  both. 

Note.— The  foregoing  is  a  part  of  the  Act  of  1872,  to  punish  adultery,  and  the 
present  section  is  to  be  numbered  Section  274. 

Section  272.  A  new  section  to  be  added  to  Chapter  I,  Part  I,  Title 
IX,  to  read  as  follows: 

Double  adultery. 

Sec.  272.  If  two  persons,  each  being  married  to  another,  live  together 
in  a  state  of  open  and  notorious  cohabitation  and  adultery,  each  is 
guilty  of  a  felony,  and  is  punishable  by  imprisonment  in  the  state 
prison  not  exceeding  five  years;  and  the  recorded  certificate  of  marriage, 
or  a  certified  copy  thereof,  there  being  no  decree  of  divorce,  proves  the 
marriage  of  the  persons  for  the  purposes  of  this  section. 
Note.— The  present  Section  272  is  to  be  numbered  Section  275. 

The  present  Section  270  to  be  numbered  273  in  Chapter  II,  Part  I, 
Title  IX. 

The  present  Section  271  to  be  numbered  274  in  Chapter  II,  Part  I, 
Title  IX. 

The  present  Section  272  to  be  numbered  275  in  Chapter  II,  Part  I, 
Title  IX. 

The  present  Section  274  to  be  numbered  276  in  Chapter  III,  Part  I, 
Title  IX. 

The  present  Section  275  to  be  numbered  277  in  Chapter  III,  Part  I, 
Title  IX. 

Section  278.  A  new  section  to  be  added  to  be  Section  278,  in  Chapter 
III,  Part  I,  Title  IX,  to  read  as  follows: 

Causing  death  by  abortion — Manslaughter. 

Sec.  278.  Every  person  who  provides,  supplies,  or  administers  to 
any  pregnant  woman,  or  procures  any  such  woman  to  take  any  medi- 
cine, drug,  or  substance,  or  uses  or  employs  any  instrument,  or  other 
means  whatever,  with  the  intent  thereby  to  procure  a  miscarriage, 
unless  the  same  is  necessary  to  preserve  her  life,  and  said  woman  die  in 
consequence  thereof,  or  in  consequence  of  any  disease  ensuing  therefrom, 
or  caused  thereby,  is  guilty  of  manslaughter. 

Note.— The  addition  of  this  section,  and  the  change  made  in  the  definition  in 
voluntary  manslaughter  (vide  Section  192),  will  reduce  this  crime  from  murder  in 
the  second  degree  to  manslaughter.  Experience  has  demonstrated  that  convictions 
cannot  be  obtained  in  these  cases  where  the  penalty  is  imprisonment  for  life.  In 
New  York,  where  the  crime  is  manslaughter,  convictions  are  readily  obtained.  The 
change  is  therefore  recommended,  so  that  those  who  commit  this  crime  shall  not 
go  entirely  unpunished. 


PENAL    CODE.  H 

The  present  Section  278  to  be  numbered  279,  in  Chapter  IV.  Part  I 
Title  IX. 

Section  283.     To  be  amended  to  read  as  follows: 

Sec.  283.     Bigamy  is  punishable  by  a  fine  not  exceeding  two  thousand 

dollars,  or  by  imprisonment  in  the  state  prison  not  exceeding  ten  years. 

Note.— This  amendment  changes  the  limit  of  imprisonment  from  three  to  ten 
years,  the  former  being  grossly  inadequate  for  many  cases  which  might  arise. 

Section  285.     To  be  amended  to  read  as  follows: 

Sec.  285.  Persons  being  within  the  degrees  of  consanguinity  within 
which  marriages  are  declared  to  be  incestuous  and  void,  who  inter- 
marry with  each  other,  or  who  commit  fornication  with  each  other;  and 
persons,  being  inhabitants  of  this  State,  who  leave  this  State  for  the 
purpose  of  intermarrying  with  any  person  within  the  degree  of  consan- 
guinity within  which  marriages  are  declared  by  the  laws  of  this  State 
to  be  incestuous  and  void,  and  intermarry  with  such  person  outside  of 
this  State,  are  punishable  by  imprisonment  in  the  state  prison  not 
exceeding  ten  years. 

Section  292.     To  be  amended  to  read  as  follows: 
Sec.  292.     The  duty  of  burying  the  body  of  a  deceased  person  devolves 
upon  the  persons  hereinafter  specified,  and  in  the  following  order: 

1.  If  the  deceased  was  a  married  person,  the  duty  of  burial  devolves 
upon  the  surviving  spouse; 

2.  If  the  deceased  was  not  a  married  person,  and  left  any  kindred, 
the  duty  devolves  upon  the  person  or  persons  in  the  same  degree  nearest 
of  kin  to  the  deceased,  being  of  adult  age  and  within  this  State,  and 
possessed  of  sufficient  means  to  defray  the  necessary  expenses; 

3.  If  the  deceased  left  no  surviving  spouse  or  kindred  answering  the 
foregoing  description,  the  duty  of  burial  devolves  upon  the  persons 
charged  with  the  support  of  the  poor  in  the  locality  in  which  the  death 
occurs; 

4.  In  case  the  person  upon  whom  the  duty  of  burial  is  cast  by  the 
foregoing  provisions  omits  to  make  such  burial  within  a  reasonable 
time,  the  duty  devolves  upon  the  person  next  specified,  and,  if  all  omit 
to  act,  it  devolves  upon  the  person  in  the  actual  possession  of  the  prem- 
ises where  the  death  occurs  or  the  body  is  found;  or,  if  there  is  no  person 
in  the  actual  possession  of  such  premises,  then  upon  the  owner  thereof; 
when  the  death  occurs,  or  the  body  is  found,  upon  a  vessel,  by  the  master 
thereof,  and,  if  there  is  no  master,  by  the  owner  thereof. 

5.  Such  burials  may  be  made  in  any  cemetery  organized  under  the 
laws  of  this  State,  or  any  now  existing  in  which  interments  have  been 
made,  or  any  that  may  hereafter  be  established  or  organized  by  the 
Board  of  Supervisors  of  any  county,  or  city  and  county,  in  this  State. 


12  PROPOSED    AMENDMENTS   TO   THE 

Section  298.  A  new  section  to  be  added  to  Chapter  VI,  Part  I,  Title 
IX,  to  read  as  follows: 

Relative  to  exhumation  of  bodies. 

Sec.  298.  Every  person  who  disinters,  exhumes,  removes,  or  causes 
to  be  disinterred,  exhumed,  or  removed,  from  a  grave,  vault,  or  other 
receptacle  or  burial  place,  the  body  or  remains  of  any  deceased  person, 
without  a  permit  therefor  having  first  been  obtained  from  the  Board  of 
Health,  or  Health  Officer,  if  such  officer  there  be,  or  from  the  Mayor  or 
other  head  of  the  municipal  government  of  the  city,  town,  or  city  and 
county;  and  every  person  who  moves,  transports,  or  causes  to  be  moved 
or  transported,  on  or  over  the  streets  or  highways  of  any  city,  town,  or 
city  and  county,  of  this  State,  the  body  or  remains  of  a  deceased  person, 
which  shall  have  been  disinterred  or  exhumed  without  said  permit,  as 
provided  in  the  Political  Code,  shall  be  guilty  of  a  misdemeanor,  and 
shall  be  punished  by  a  fine  not  less  than  fifty  nor  more  than  five  hun- 
dred dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than 
thirty  days  nor  more  than  six  months,  or  by  both  such  fine  and 
imprisonment. 

Note.— The  above  is  part  of  "An  Act  to  protect  public  health,"  approved  April 
1, 1878. 

Section  299.     A  new  section  to  be  added  to  read  as  follows: 
Minor  under  sixteen  years  of  age  not  to  enter  saloon. 

Sec.  299.  Every  person  who  admits  any  minor  under  the  age  of  six- 
teen years  of  age,  at  any  time,  into  any  saloon  or  place  of  entertainment 
where  any  spirituous  liquors,  or  wines,  or  intoxicating  or  malt  liquors 
are  sold,  exchanged,  or  given  away,  at  any  time,  or  permit  him  to 
remain  therein,  or  permit  such  minor  to  remain  at  any  place  of  amuse- 
ment known  as  a  dance-house,  or  concert-saloon,  unless  such  minor  is 
accompanied  by  his  parent  or  guardian,  is  guilty  of  a  misdemeanor. 

Note.— This  section  is  Section  1  of  "An  Act  for  the  protection  of  children,"  etc., 
approved  March  30,  1878. 

Section  300.     A  new  section  to  be  added  to  read  as  follows: 

Forbidding  employing  or  apprenticing  minors  for  immoral  purposes. 

Sec.  300.  Every  person,  relative,  or  employer,  having  the  care,  cus- 
tody, or  control  of  any  child  under  the  age  of  sixteen  years,  whether  as 
parent,  relative,  guardian,  employer,  or  otherwise,  who  shall  permit  such 
child  to  beg,  or  who  shall  exhibit,  use,  or  employ,  or  who  shall  in  any 
manner  or  under  any  pretense  sell,  apprentice,  give  away,  let  out,  or 
otherwise  dispose  of  such  child  to  any  person,  under  any  name,  title,  or 
pretense,  in  or  for  the  vocation,  occupation,  service,  or  purpose  of  sing- 
ing, playing  on  musical  instruments,  rope  or  wire  walking,  dancing, 


PENAL   CODE.  13 

begging,  or  peddling,  or  as  a  gymnast,  acrobat,  contortionist,  or  rider, 
in  any  place  whatsoever,  or  for  or  in  any  obscene,  indecent,  or  immoral 
purpose,  exhibition,  or  practice  whatsoever,  or  for  or  in  any  business, 
exhibition,  or  vocation  injurious  to  the  health  or  dangerous  to  the  life 
or  limb  of  such  child;  or  who  shall  cause,  procure,  or  encourage  any 
such  child  to  engage  therein,  and  every  person  who  shall  take,  receive, 
hire,  employ,  use,  exhibit,  or  have  in  custody,  any  such  child  for  any  of 
the  purposes  hereinbefore  in  this  section  mentioned,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  fine 
of  not  less  than  fifty,  nor  more  than  two  hundred  and  fifty,  dollars,  or 
by  imprisonment  in  the  county  jail  for  a  term  not  exceeding  six  months, 
or  by  both  such  fine  and  imprisonment;  provided,  that  nothing  in  this 
section  contained  shall  apply  to,  or  affect  the  employment  or  use  of,  any 
such  child  as  a  singer  or  musician  in  any  church,  school,  or  academy, 
or  the  teaching  or  learning  of  the  science  or  practice  of  music;  or  the 
employment  of  any  such  child  as  a  musician  at  any  concert  or  other 
musical  entertainment  on  the  written  consent  of  the  Mayor  of  the  city, 
or  President  of  the  Board  of  Trustees,  of  the  town  where  such  concert  or 
entertainment  shall  take  place. 

Section  301.     A  new  section  to  be  added  to  read  as  follows: 

Relating  to  certain  minors. 

Sec.  301.     Any  child  apparently  under  the  age  of  sixteen  years: 

1.  That  is  found  begging,  or  receiving  or  gathering  alms  (whether 
actually  begging,  or  under  the  pretext  of  selling  or  offering  for  sale  any- 
thing), or  being  in  any  street,  road,  or  public  place  for  the  purpose  of  so 
begging,  or  gathering  or  receiving  alms; 

2.  That  is  found  wandering  and  not  having  any  house  or  settled  place 
of  abode,  or  proper  guardianship,  or  visible  means  of  subsistence; 

3.  That  is  found  destitute,  either  being  an  orphan,  or  having  a  vicious 
parent,  or  who  is  undergoing  penal  servitude  or  imprisonment; 

4.  That  frequents  the  company  of  reputed  thieves  or  prostitutes,  or 
houses  of  prostitution  or  assignation,  or  dance-houses,  concert-saloons, 
theaters,  and  varieties,  without  parent  or  guardian— is  guilty  of  a  mis- 
demeanor. 

Such  misdemeanor  is  punishable  by  imprisonment,  or  commitment  to 
an  orphan  asylum,  society  for  the  prevention  of  cruelty  to  children,  or 
other  institution,  for  a  term  not  to  exceed  one  year,  in  the  discretion  of 
the  court  or  magistrate;  but  no  child,  apparently  under  the  age  of  sixteen 
years,  shall  be  placed  in  any  prison  or  place  of  confinement,  or  in  any 
court-room,  or  in  any  vehicle  for  transportation,  or  in  any  place  in  com- 


14  PROPOSED   AMENDMENTS   TO   THE 

pany  with  adults  charged  with,  or  convicted  of,  crime,  except  in  the 

presence  of  a  proper  official. 

Note.— The  foregoing  three  sections  embrace  a  portion  of  the  provisions  of  "An 
Act  for  the  protection  of  children,"  etc.,  approved  March  30,  1878,  and  of  "An  Act 
relating  to  children,"  etc.,  of  the  same  date.  The  only  change  is  that  the  last 
section  limits  the  term  of  commitment  to  an  orphan  asylum,  etc.,  to  one  year, 
while  the  Acts  contain  no  limit  whatever. 

Section  303.     To  be  repealed  as  unconstitutional. 
Section  306.     To  be  repealed  as  unconstitutional. 

Section  303.     A  new  section  to  be  added  to  read  as  follows: 
Selling  intoxicants  to  minors. 

Sec.  303.  Every  person,  except  a  parent  ministering  to  his  child,  a 
guardian  to  his  ward,  or  a  physician  to  his  patient,  who  sells  or  gives  to 
any  minor  under  the  age  of  sixteen  years,  to  be  by  him  drank,  as  a 
beverage,  any  intoxicating  drink,  is  guilty  of  a  misdemeanor,  and  is 
punishable  by  a  fine  not  exceeding  one  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  exceeding  three  months. 

Note.— The  provisions  of  the  above  section  are  contained  in  the  Act  of  March  4, 

1872. 

Section  306.     A  new  section  to  be  added  to  read  as  follows  : 
Causing  suffering  to  minors. 

Sec.  306.  Every  person  who  shall  willfully  cause  or  permit  any  child 
to  suffer,  or  who  shall  inflict  thereon  unjustifiable  physical  pain  or  men- 
tal suffering,  and  whoever,  having  the  care  or  custody  of  any  child,  shall 
willfully  cause  or  permit  the  life  or  limb  of  such  child  to  be  endangered, 
or  the  health  of  such  child  to  be  injured,  or  any  person  who  shall  will- 
fully cause  or  permit  such  child  to  be  placed  in  such  a  situation  that 
its  life  or  limb  may  be  endangered,  or  its  health  shall  be  likely  to  be 
injured,  shall  be  guilty  of  a  misdemeanor. 

Note.— This  section  contains  the  provisions  of  Section  4,  of  Act  of  March  30, 1878. 

Section  310^.  To  be  repealed  as  unconstitutional.  (See  ex  parte 
Jentzsch,  44  Pac.  Rep.  803.) 

Section  325.     To  be  amended  to  read  as  follows  : 

Sec.  325.  All  moneys  and  property  offered  for  sale  or  distribution 
in  violation  of  any  of  the  provisions  of  this  chapter  are  forfeited  to  the 
State,  and  may  be  recovered  by  information  filed,  or  by  an  action  brought 
by  the  Attorney-General,  or  by  any  District  Attorney,  in  the  name  of  the 
State.  Upon  the  filing  of  the  information  or  complaint,  the  clerk  of  the 
court,  or  if  the  suit  is  in  a  Justice's  Court,  the  justice,  must  issue  an 
attachment  against  the  property  mentioned  in  the  complaint  or  informa- 


PENAL   CODE.  15 

tion,  which  attachment  has  the  same  force  and  effect  against  such  prop- 
erty, and  is  issued  in  the  same  manner,  as  attachments  issued  from  the 
Superior  Courts  in  civil  cases. 

Note.— The  only  change  in  this  section  is  the  substitution  of  the  words  "Supe- 
rior Courts"  for  the  words  "District  Courts." 

Section  339.     To  be  amended  to  read  as  follows: 

Sec.  339.  Every  person  who  carries  on  the  business,  either  of  a  pawn- 
broker, or  a  junk-dealer,  who  fails  at  the  time  of  the  transaction  to  enter 
in  a  register  kept  by  him  for  that  purpose,  in  the  English  language,  the 
date,  duration,  amount,  and  rate  of  interest  of  every  loan  made  by  him, 
or  an  accurate  description  of  the  property  pledged,  or  the  name  and  resi- 
dence of  the  pledgor,  or  to  deliver  to  the  pledgor  a  written  copy  of  such 
entry,  or  to  keep  an  account,  in  writing,  of  all  sales  made  by  him,  is 
guilty  of  a  misdemeanor. 

Section  341.     To  be  amended  to  read  as  follows: 

Sec.  341.  Every  pawnbroker,  or  junk-dealer,  who  sells  any  article 
pledged  to  him,  and  unredeemed,  until  it  has  remained  in  his  possession 
six  months  after  the  last  day  fixed  by  the  contract  for  redemption,  or 
who  makes  any  sale,  without  publishing  in  a  newspaper  printed  in  the 
city,  town,  or  county,  at  least  five  days  before  such  sale,  a  notice  con- 
taining a  list  of  the  articles  to  be  sold,  and  specifying  the  time  and 
place  of  sale,  is  guilty  of  a  misdemeanor. 

Section  342.  To  be  amended  to  read  as  follows: 
Sec.  342.  Every  pawnbroker,  or  junk-dealer,  who  willfully  refuses  to 
disclose  to  the  pledgor,  or  his  agent,  the  name  of  the  purchaser,  and 
the  price  received  by  him,  for  any  article  received  by  him  in  pledge,  and 
subsequently  sold,  or  who,  after  deducting  from  the  proceeds  of  any  sale, 
the  amount  of  the  loan  and  interest  due  thereon,  and  four  per  cent  of 
the  loan  for  expenses  of  sale,  refuses,  on  demand,  to  pay  the  balance  to 
the  pledgor,  or  his  agent,  is  guilty  of  a  misdemeanor. 

Note.— The  amendment  to  the  three  last  above  sections  consists  in  making  them 
applicable  to  junk-dealers,  which  is  the  provision  of  Section  502.  It  seems  proper 
to  make  the  amendment  rather  than  to  have  in  the  Code  separate  sections  which 
produce  that  result. 

Section  374.     To  be  amended  to  read  as  follows: 

Sec.  374.  Every  person  who  puts  the  carcass  of  any  dead  animal,  or 
the  offal  from  any  slaughter-pen,  corral,  or  butcher-shop,  into  any  river, 
creek,  pond,  reservoir,  stream,  street,  alley,  public  highway,  or  road  in 
common  use,  or  who  attempts  to  destroy  the  same  by  fire  within  one 
fourth  of  a  mile  of  any  city,  town,  or  village,  except  it  be  in  a  crematory, 
the  construction  and  operation  of  which  is  satisfactory  to  the  board  of 
health  in  such  city,  town,  or  village;  and  every  person  who  puts  any 


16  PROPOSED    AMENDMENTS   TO    THE 

water-closet  or  privy,  or  the  carcass  of  any  dead  animal,  or  any  offal  of 
any  kind,  in  or  upon  the  borders  of  any  stream,  pond,  lake,  or  reservoir, 
from  which  water  is  drawn  for  the  supply  of  the  inhabitants  of  any 
city,  city  and  county,  or  any  town  in  this  State,  so  that  the  drainage 
from  such  water-closet,  privy,  carcass,  or  offal  may  be  taken  up  by  or ' 
in  such  stream,  pond,  lake,  or  reservoir;  or  who  allows  any  water-closet 
or  privy,  or  carcass  of  any  dead  animal,  or  any  offal  of  any  kind,  to 
remain  in  or  upon  the  borders  of  any  such  stream,  pond,  lake,  or  reser- 
voir within  the  boundaries  of  any  land  owned  or  occupied  by  him,  so 
that  the  drainage  from  such  water-closet,  privy,  carcass,  or  offal  may 
be  taken  up  by  or  in  such  stream,  pond,  lake,  or  reservoir;  or  who  keeps 
any  horses,  mules,  cattle,  swine,  sheep,  or  live  stock  of  any  kind,  penned, 
corralled,  or  housed  on,  over,  or  on  the  borders  of  any  such  stream, 
pond,  lake,  or  reservoir,  so  that  the  waters  thereof  shall  become  polluted 
by  reason  thereof;  or  who  bathes  in  any  such  stream,  pond,  lake,  or  res- 
ervoir; or  who  by  any  other  means  fouls  or  pollutes  the  waters  of  any 
such  stream,  pond,  lake,  or  reservoir,  is  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  as  prescribed  in  section  three 
hundred  and  seventy-seven  of  this  Code. 

Note.— The  amendment  changes  the  word  " cemetery  "  to  "crematory,"  in  the 
fifth  line  of  the  section. 

All  that  portion  of  Title  X,  Part  I,  after  Section  382,  to  be  amended 
to  read  as  follows: 

Regulating  sale  of  oleomargarine. 

Sec.  383.  Every  person  or  corporation  who  shall  manufacture  for  sale, 
offer  or  expose  for  sale,  any  article  of  substance  in  semblance  of  butter, 
not  the  legitimate  product  of  the  dairy,  and  not  made  exclusively  of  milk 
or  cream,  or  into  which  the  oil  or  fat  of  animals,  not  produced  from 
milk,  enters  as  a  component  part,  or  into  which  the  oil  or  fat  of  animals, 
not  produced  from  milk,  has  been  introduced  to  take  the  place  of  cream, 
and  shall  not  distinctly  stamp,  brand,  or  mark,  in  some  conspicuous 
place  upon  every  parcel  of  such  article  or  substance,  the  word  "  Oleo- 
margarine," in  plain  letters,  not  less  than  one  fourth  of  one  inch  square, 
each;  and  who  shall  not,  in  case  of  retail  sale  of  such  article  or  sub- 
stance, in  parcels  or  otherwise,  in  all  cases,  deliver  therewith  to  the 
purchaser,  a  printed  label,  bearing  the  plainly  printed  word  "  Oleomar- 
garine," the  said  word  to  be  printed  with  type,  each  letter  of  which 
shall  not.be  less  than  one  fourth  of  one  inch  square; 

And  every  person  dealing,  whether  by  wholesale  or  retail,  in  the  article 
or  substance  described  in  this  section,  and  every  hotel  or  restaurant 
keeper,  or  boarding-house  keeper,  in  whose  hotel,  or  restaurant,  or  board- 
ing-house, such  article  or  substance  is  used,  who  shall  not  continuously 
keep  conspicuously  posted  up,  in  not  less  than  three  exposed  positions, 


PENAL   CODE.  17 

in  and  about  their  respective  places  of  business,  a  printed  notice,  in  the 
following  words,  viz.:  "  Oleomargarine  sold  here,"  the  said  notice  to  be 
plainly  printed,  with  letters  not  less  than  two  inches  square,  each; 

And  each  and  every  hotel-keeper  and  restaurant-keeper,  boarding- 
house  keeper,  or  proprietor  of  any  other  places  where  meals  are  fur- 
nished for  pay,  who  may  use,  in  their  respective  places  of  business,  any 
of  the  article  or  substance  described  in  this  section,  who  shall  not,  upon 
the  furnishing  of  the  same  to  his  guests,  or  customers,  if  inquiry  is 
made,  cause  each  and  every  such  guest,  or  customer,  to  be  distinctly 
informed  that  the  said  article  is  not  butter,  the  genuine  production  of 
the  dairy,  but  is  "  oleomargarine" — is  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  punished  by  a  fine  of  not  less  than  five,  nor 
more  than  five  hundred,  dollars,  or  by  imprisonment  for  not  more  than 
three  months,  or  by  both  such  fine  and  imprisonment.  And  it  shall  be 
the  duty  of  the  court  trying  said  offense,  to  order  the  payment  of  one 
half  of  any  fine  which  may  be  imposed  therein,  to  the  person  giving 
the  information  upon  which  the  prosecution  was  based  and  the  convic- 
tion had,  and  such  fine  may  be  collected  by  execution  as  in  civil  cases. 

Section  384.     A  new  section  to  be  added  to  read  as  follows: 
Prohibiting  sale  of  adulterated  syrup. 

Sec.  384.  Any  person  who  shall  knowingly  sell,  or  keep  or  offer  for 
sale,  or  otherwise  dispose  of  any  syrup,  or  golden-drips  syrup,  silver- 
drips  syrup,  or  molasses,  containing  muriatic  or  sulphuric  acids,  or 
glucose,  or  adulterated  with  any  other  substance  to  improve  the  color 
thereof,  shall  be  guilty  of  a  misdemeanor. 

Section  385.     A  new  section  to  be  added  to  read  as  follows: 

Disposing  of  tainted  articles. 

Sec.  385.  Every  person  who  knowingly  sells,  or  keeps  or  offers  for 
sale,  or  otherwise  disposes  of,  any  article  of  food,  drink,  drug,  or  medi- 
cine, knowing  that  the  same  has  become  tainted,  decayed,  spoiled,  or 
otherwise  unwholesome,  or  unfit  to  be  eaten  or  drank,  with  intent  to 
permit  the  same  to  be  eaten  or  drank,  is  guilty  of  a  misdemeanor. 

Section  386.     A  new  section  to  be  added  to  read  as  follows: 

Setting  fire  to  forests. 

Sec.  386.  Any  person  or  persons  who  shall  willfully  and  deliberately 
set  fire  to  any  wooded  country  or  forest  belonging  to  this  State  or  the 
United  States,  within  this  State,  or  to  any  place  from  which  fire  shall 
be  communicated  to  any  such  wooded  country  or  forest,  or  who  shall 
accidentally  set  fire  to  any  such  wooded  country  or  forest,  or  to  any 
place  from  which  fire  shall  be  communicated  to  any  such  wooded  coun- 

2— c 


18  PROPOSED   AMENDMENTS   TO   THE 

try  or  forest,  and  shall  not  extinguish  the  same,  or  use  every  effort  to 
that  end,  or  who  shall  build  any  fire,  for  lawful  purposes,  or  otherwise, 
in  or  near  any  such  wooded  country  or  forest,  and  through  carelessness 
or  neglect  shall  permit  said  fire  to  extend  or  burn  through  such  wooded 
country  or  forest,  is  guilty  of  a  misdemeanor,  and  upon  conviction  before 
a  court  of  competent  jurisdiction,  shall  be  punishable  by  a  fine  not  exceed- 
ing one  thousand  dollars,  or  by  imprisonment  not  exceeding  one  year, 
or  by  both  such  fine  and  imprisonment;  provided,  that  nothing  herein 
contained  shall  apply  to  any  person  who  in  good  faith  shall  set  a  back- 
fire to  prevent  the  extension  of  a  fire  already  burning.  All  fines  col- 
lected under  this  section  shall  be  paid  into  the  county  treasury  for  the 
benefit  of  the  common  school  fund  of  the  county  in  which  they  are 
collected. 

Section  387.     A  new  section  to  be  added  to  read  as  follows: 
Setting  woods  on  fire. 

Sec.  387.  Every  person  who  willfully  or  negligently  sets  on  fire,  or 
causes  or  procures  to  be  set  on  fire,  any  woods,  prairies,  grasses,  or  grain, 
op.  any  lands,  is  guilty  of  a  misdemeanor. 

Section  388.     A  new  section  to  be  added  to  read  as  follows: 
Obstructing  attempts  to  extinguish  fires. 

Sec.  388.  Every  person  who,  at  the  burning  of  a  building,  disobeys 
the  lawful  orders  of  any  public  officer,  or  fireman,  or  offers  any  resist- 
ance to,  or  interference  with,  the  lawful  efforts  of  any  fireman,  or  com- 
pany of  firemen,  to  extinguish  the  same,  or  engages  in  any  disorderly 
conduct  calculated  to  prevent  the  same  from  being  extinguished,  or  who 
forbids,  prevents,  or  dissuades  others  from  assisting  to  extinguish  the 
same,  is  guilty  of  a  misdemeanor. 

Section  389.     A  new  section  to  be  added  to  read  as  follows: 
Maintaining  bridge  or  ferry  without  authority. 

Sec.  389.  Every  person  who  demands  or  receives  compensation  for 
the  use  of  any  bridge  or  ferry,  or  sets  up  or  keeps  any  road,  bridge,  ferry, 
or  constructed  ford,  for  the  purpose  of  receiving  any  remuneration  for 
the  use  of  the  same,  without  authority  of  law,  is  guilty  of  a  misdemeanor. 

Section  390.     A  new  section  to  be  added  to  read  as  follows: 
Violating  condition  of  undertaking  to  keep  ferry. 

Sec.  390.  Every  person  who,  having  entered  into  an  undertaking  to 
keep  or  attend  a  ferry,  violates  the  conditions  of  such  undertaking,  is 
guilty  of  a  misdemeanor. 


PENAL    CODE.  19 

Section  391.     A  new  section  to  be  added  to  read  as  follows: 
Riding  or  driving  faster  than  a  walk  on  toll  bridges. 

Sec.  391.  Every  person  who  willfully  rides  or  drives  faster  than  a 
walk,  on  or  over  any  toll  bridge,  lawfully  licensed,  is  punishable  by  a 
fine  not  exceeding  twenty  dollars. 

The  section  now  numbered  389  to  be  392;  Section  390  to  be  393;  Sec- 
tion 391  to  be  394;  Section  392  to  be  395;  Section  393  to  be  396;  Section 
394  to  be  397;  Section  395  to  be  398;  Section  396  to  be  399;  Section 
397  to  be  400;  Section  398  to  be  401;  Section  399  to  be  402. 

Section  403.     A  new  section  to  be  added  to  read  as  follows: 
Prohibiting  exhibitions  of  deformities. 

Sec.  403.  Every  person  exhibiting  the  deformities  of  another,  or  his 
own  deformities,  for  hire,  is  guilty  of  a  misdemeanor;  and  every  person 
who  shall,  by  any  artificial  means,  give  to  any  person  the  appearance  of 
deformity,  and  shall  exhibit  such  person  for  hire,  shall  be  guilty  of  a 
misdemeanor. 

Section  404.     A  new  section  to  be  added  to  read  as  follows: 
Prohibiting  sale  of  adulterated  candies. 

Sec.  404.  Every  person  who  adulterates  candy,  by  using  in  its  manu- 
facture terra  alba,  or  any  other  deleterious  substance,  or  who  sells  or 
keeps  for  sale  any  candy  or  candies  adulterated  with  terra  alba,  or  any 
other  deleterious  substance,  or  substances,  knowing  the  same  to  be  adul- 
terated, is  guilty  of  a  misdemeanor. 

Section  405.     A  new  section  to  be  added  to  read  as  follows: 
Keeping,  using,  or  selling  animals  affected  with  disease. 

Sec.  405.  Any  person  who  shall  knowingly  sell,  or  oner  for  sale,  or 
use,  or  expose,  or  who  shall  cause  or  procure  to  be  sold,  or  offered  for 
sale,  or  used,  or  exposed,  any  horse,  mule,  or  other  animal  having  the 
disease  known  as  glanders,  or  farcy,  or  who  shall  bring,  or  cause  to  be 
brought,  or  aid  in  bringing,  into  this  State,  any  sheep,  hog,  horse,  or 
cattle,  or  any  domestic  animal,  knowing  the  same  to  be  affected  with 
any  contagious  or  infectious  disease,  shall  be  guilty  of  a  misdemeanor. 

Section  406.     A  new  section  to  be  added  to  read  as  follows: 

Killing  of  animals  affected  with  disease. 

Sec.  406.  Every  person  in  possession,  or  the  owner,  or  having  charge 
of,  any  animal  affected  with  glanders,  or  farcy,  who  upon  discovery  or 
knowledge  of  its  condition,  omits,  neglects,  or  refuses  to  deprive  such 
animal  of  life,  shall  be  guilty  of  a  misdemeanor. 


20  PROPOSED   AMENDMENTS    TO   THE 

All  sections  in  Title  XI  to  have  their  number  increased  by  adding  four 
to  each  number  of  said  sections,  respectively. 

Note. — There  are  three  sections  numbered  400,  and  two  sections  numbered  401' 
in  this  title.  The  Section  400,  relating  to  encouraging  suicide,  has  been  passed  to 
Chapter  VI,  Part  I,  Title  VIII,  in  a  new  section  to  be  known  as  223,  and  the  other 
two  sections  400  have  been  renumbered.  There  are  so  many  other  discrepancies 
in  this  title  that  we  deem  it  advisable  that  the  latter  part  of  the  title  should  be 
reconstructed  as  above  proposed. 

Section  447.     To  be  amended  to  read  as  follows: 

Sec.  447.  Arson  is  the  willful  and  malicious  burning  of  a  building, 
with  intent  to  destroy  it.  Any  person  who  willfully  sets  fire  to  his  own 
building,  whereby  the  building  of  another  is  set  on  fire,  is  guilty  of  arson. 

Note. — The  amendment  is  designed  to  bring  within  the  definition  of  arson  the 
burning  of  a  building  which  is  accomplished  by  firing  one  adjacent  thereto,  which 
may  be  the  property  of  the  person  starting  the  fire. 

Section  448.     To  be  amended  to  read  as  follows: 

Sec.  448.  Any  house,  edifice,  structure,  vessel,  railroad  car,  or  other 
erection,  capable  of  affording  shelter  for  human  beings,  or  appurtenant 
to,  or  connected  with,  an  erection  so  adapted,  is  a  "  building "  within 
the  meaning  of  this  chapter. 

Note.— The  amendment  includes  a  car  within  the  definition  of  "building,"  when 
such  car  is  capable  of  affording  shelter  to  human  beings. 

Chapter  II,  Part  I,  Title  XIII,  omit  "and  house-breaking"  from  title 
of  the  chapter. 

Note.— The  chapter  refers  entirely  to  burglary,  the  former  provisions  of  the 
chapter  on  the  subject  of  house-breaking  having  been  repealed. 

Section  459.     To  be  amended  to  read  as  follows: 

Sec.  459.  Every  person  who  enters  any  house,  room,  apartment, 
tenement,  shop,  warehouse,  store,  mill,  barn,  stable,  outhouse,  or  other 
building,  tent,  vessel,  or  railroad  car,  with  intent  to  commit  larceny  or 
any  felony,  is  guilty  of  burglary. 

Note.— The  amendment  simplifies  the  definition  of  burglary  by  substituting 
"with  intent  to  commit  larceny"  for  "with  intent  to  commit  grand  or  petit 
larceny." 

Section  480.     To  be  amended  to  read  as  follows: 

Sec.  480.  Every  person  who  makes,  or  knowingly  has  in  his  posses- 
sion, any  die,  plate,  or  apparatus,  paper,  metal,  or  machine,  or  other 
thing  whatever,  made  use  of  in  counterfeiting  coin,  current  in  this  State, 
or  elsewhere,  or  of  counterfeiting  gold-dust,  gold  or  silver  bars,  bullion, 
lumps,  pieces,  or  nuggets,  or  in  counterfeiting  bank  notes  or  bills,  for- 
eign or  domestic,  current  in  this  State  or  otherwise,  is  punishable  by 
imprisonment  in  the  state  prison  not  less  than  one  nor  more  than  fourteen 


PENAL   CODE.  21 

years,  and  all  such  dies,  plates,  apparatus,  paper,  metal,  or  machinery 
intended  for  any  of  the  purposes  aforesaid,  must  be  destroyed. 

Note— The  amendment  is  intended  to  clear  any  doubt  of  the  application  of  the 
section  to  foreign  bank  notes  or  bills,  and  also  to  make  the  possession  of  the  dies 
or  apparatus  used  in  making  counterfeit  foreign  coin  an  offense  thereunder. 

Section  484.     To  be  amended  to  read  as  follows: 

Sec.  484.  Larceny  is  the  felonious  stealing,  taking,  carrying,  leading, 
or  driving  away  the  personal  property  of  another;  or  one's  own  personal 
property  where  it  is  in  the  lawful  possession  of  a  pledgee. 

Note.— The  amendment  makes  it  larceny  for  the  general  owner  of  personal 
property  to  deprive  the  pledgee  of  the  possession  thereof.  This  result  was  intended 
by  the  original  Code  Commissioners. 

Section  487.     To  be  amended  to  read  as  follows: 

Sec.  487.  Grand  larceny  is  larceny  committed  in  either  of  the  follow- 
ing cases: 

1.  When  the  property  taken  is  of  a  value  exceeding  fifty  dollars; 

2.  When  the  property  is  taken  from  the  person  of  another,  or  his 
immediate  presence; 

3.  When  the  property  taken  is  a  horse,  mare,  gelding,  cow,  steer,  bull, 
calf,  mule,  jack,  or  jenny. 

Note.— The  amendment  consists  in  the  addition  of  the  words,  "  or  his  immediate 
presence,"  to  subdivision  two,  and  is  designed  to  avoid  the  questions  often  arising 
when  the  facts  of  a  case  make  it  doubtful  whether  the  property  was  taken  from 
the  person  of  another,  although  clearly  from  his  immediate  presence. 

Section  496.     To  be  amended  to  read  as  follows: 

Sec.  496.  Every  person  who,  for  his  own  gain,  or  to  prevent  the 
owner  from  again  possessing  his  property,  buys  or  receives  any  personal 
property,  knowing  the  same  to  have  been  stolen,  is  punishable  by  im- 
prisonment in  the  state  prison  not  exceeding  five  years,  or  in  the  county 
jail  not  exceeding  six  months;  and  it  shall  be  presumptive  evidence 
that  such  property  was  stolen,  if  the  same  consists  of  jewelry,  silver  or 
plated  ware,  or  articles  of  personal  ornament,  if  purchased  or  received 
from  a  person  under  the  age  of  eighteen,  unless  said  property  is  sold  by 
said  minor  at  a  fixed  place  of  business,  carried  on  by  said  minor  or  his 
employer. 

Note.— The  amendment  omits  "  or  by  both,"  applying  to  imprisonment  in  the 
state  prison  or  county  jail. 

Section  502.     To  be  repealed. 

Note.— This  section,  making  the  provisions  of  Sections  339, 341,  and  342  applicable 
to  junk-dealers,  is  rendered  unnecessary  by  the  amendments  to  those  sections 
already  proposed. 

Section  502^.     To  be  renumbered  502. 


22  PROPOSED   AMENDMENTS   TO   THE 

Section  515.  A  new  section  to  be  added  to  Chapter  VI,  Part  I,  Title 
XIII,  to  read  as  follows: 

Embezzlement  by  partner  or  joint  owner. 

Sec.  515.  Every  person  who,  being  a  member  of  a  co-partnership,  or 
being  one  of  two,  or  more,  beneficial  owners  of  any  money,  goods,  effects, 
bills,  notes,  securities,  or  other  personal  property  of,  or  belonging  to, 
any  such  co-partnership,  or  to  such  joint  beneficial  owners,  who  fraud- 
ulently appropriates  to  his  own  use,  or  secretes  with  a  fraudulent  intent 
to  appropriate  to  his  own  use,  any  personal  property  belonging  to  such 
co-partnership,  or  in  which  he  is  one  of  two  or  more  joint  owners,  which 
has  come  into  his  care  or  control,  is  guilty  of  embezzlement. 

Note.— This  amendment  is  the  English  statute  and  the  New  York  law  on  the 
subject. 

Section  532.     To  be  amended  to  read  as  follows: 

Sec.  532.  Every  person  who,  knowingly  and  designedly,  by  false  or 
fraudulent  representation  or  pretenses,  defrauds  any  other  person  of 
money  or  property,  real  or  personal,  or  who  causes  or  procures  others  to 
report  falsely  of  his  wealth  or  mercantile  character,  and  by  thus  impos- 
ing upon  any  person  obtains  credit,  and  thereby  fraudulently  gets  into 
possession  of  money  or  property,  real  or  personal,  is  punishable  as  fol- 
lows: If  the  value  of  the  property  exceeds  fifty  dollars,  by  imprisonment 
in  the  state  prison  for  not  less  than  one,  nor  more  than  ten,  years;  if 
the  value  of  the  property  does  not  exceed  fifty  dollars,  by  a  fine  not 
exceeding  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
not  exceeding  six  months,  or  by  both. 

Note—  This  amendment  is  suggested  by  the  decision  in  People  vs.  Cummings, 
California  decisions,  October  14, 1896,  where  it  was  held  that  the  section  does  not 
apply  to  obtaining  real  property  by  false  pretenses. 

Section  533.     A  new  section  to  be  added  to  read  as  follows: 

Obtaining  labor  under  false  pretenses. 

Sec.  533.  Every  person  who,  knowingly  and  designedly,  by  false  or 
fraudulent  representation  or  pretenses,  or  by  causing  or  procuring 
others  to  report  falsely  of  his  wealth  or  mercantile  character,  obtains  or 
procures  any  other  person  to  perform  labor  or  services  for  him  and 
thereafter  fails  to  pay  the  said  other  person  for  the  labor  or  services  so 
performed,  is  punishable  by  imprisonment  in  the  county  jail  not  exceed- 
ing six  months,  or  by  a  fine  not  exceeding  twice  the  agreed  price  of  the 
labor  or  services  so  obtained,  or  by  both. 

The  present  Section  533  to  be  renumbered  534;  the  present  Section 
534  to  be  renumbered  535;  the  present  Section  535  to  be  renumbered 


PENAL   CODE.  23 

536  of  Chapter  VIII,  Part  I,  Title  XIII,  and  the  remaining  sections  of 
said  Chapter  VIII,  of  Part  I,  Title  XIII,  to  read  as  follows: 

Section  537.     A  new  section  to  be  added  to  read  as  follows: 

False  statement  concerning  prices  of  consignment — Misdemeanor. 

Sec.  537.  Every  commission  merchant,  broker,  agent,  factor,  or  con- 
signee, who  shall  willfully  and  corruptly  make,  or  cause  to  be  made,  to 
the  principal  or  consignor  of  such  commission  merchant,  agent,  broker, 
factor,  or  consignee,  a  false  statement  concerning  the  price  obtained  for, 
or  the  quality  or  quantity  of,  any  property  consigned  or  intrusted  to 
such  commission  merchant,  agent,  broker,  factor,  or  consignee,  for  sale, 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction  thereof, 
shall  be  punished  by  fine  not  exceeding  five  hundred  dollars,  or  impris- 
onment in  the  county  jail  not  exceeding  six  months,  or  by  both  such 
fine  and  imprisonment. 

Section  538.     A  new  section  to  be  added  to  read  as  follows: 

Removing  certain  property  with  intent  to  defraud  mortgagee — Larceny. 

Sec.  538.  Every  person  who,  after  mortgaging  any  of  the  property 
mentioned  in  section  twenty-nine  hundred  and  fifty-five  of  the  Civil 
Code,  excepting  locomotives,  engines,  rolling-stock  of  a  railroad,  steam- 
boat machinery  in  actual  use,  and  vessels,  during  the  existence  of  such 
mortgage,  with  the  intent  to  defraud  the  mortgagee,  his  representatives 
or  assigns,  transfers,  sells,  takes,  drives,  or  carries  away,  or  otherwise 
disposes  of,  or  permits  the  transferring,  selling,  taking,  driving,  or  carry- 
ing away,  or  otherwise  disposing  of,  such  mortgaged  property,  or  any 
part  thereof,  from  the  county  where  it  was  situated,  at  the  time  it  was 
mortgaged,  without  the  written  consent  of  the  mortgagee,  is  guilty  of 
larceny,  and  shall  be  punished  accordingly. 

Section  539.     A  new  section  to  be  added  to  read  as  follows: 

Further  incumbrance  of  certain  property — Larceny. 

Sec.  539.  Every  person  who,  after  mortgaging  any  of  the  property 
mentioned  in  section  twenty-nine  hundred  and  fifty-five  of  the  Civil 
Code,  excepting  locomotives,  engines,  rolling-stock  of  a  railroad,  steam- 
boat machinery  in  actual  use,  and  vessels,  during  the  existence  of  such 
mortgage,  sells,  transfers,  or  in  any  manner  further  incumbers,  the  said 
mortgaged  property,  or  any  part  thereof,  or  causes  the  same  to  be  sold, 
transferred,  or  further  incumbered,  is  guilty  of  larceny,  and  shall  be 
punished  accordingly;  unless  at  or  before  the  time  of  making  such 
sale,  transfer,  or  incumbrance,  such  mortgagor  shall  inform  the  person 


24  PROPOSED   AMENDMENTS   TO   THE 

to  whom  such  sale,  transfer,  or  incumbrance  may  be  made,  of  the  exist- 
ence of  the  prior  mortgage,  and  shall  inform  the  prior  mortgagee  of 
the  intended  sale,  transfer,  or  incumbrance,  in  writing,  by  giving  the 
name  and  place  of  residence  of  the  party  to  whom  the  sale,  transfer,  or 
incumbrance  is  to  be  made. 

Section  540.     A  new  section  to  be  added  to  read  as  follows: 
Misrepresentation  of  newspaper  circulation — Misdemeanor. 

Sec.  540.  Every  proprietor  or  publisher  of  any  newspaper  or  period- 
ical, who  shall  willfully  and  knowingly  misrepresent  the  circulation  of 
such  newspaper  or  periodical  for  the  purpose  of  securing  advertising  or 
other  patronage,  is  guilty  of  a  misdemeanor. 

Section  541.    A  new  section  to  be  added  to  read  as  follows: 

Defrauding  proprietors  of  hotels,  inns,  etc. 

Sec.  541.  Any  person  who  obtains  any  food  or  accommodation  at  an 
inn,  or  boarding-house,  without  paying  therefor,  with  intent  to  defraud 
the  proprietor  or  manager  thereof,  or  who  obtains  credit  at  an  inn  or 
boarding-house  by  the  use  of  any  false  pretense,  or  who,  after  obtaining 
credit  or  accommodation  at  any  inn  or  boarding-house,  absconds  or 
surreptitiously  removes  his  baggage  therefrom,  without  paying  for  his 
food  or  accommodation,  is  guilty  of  a  misdemeanor. 

Section  542.    A  new  section  to  be  added  to  read  as  follows: 

Fraudulent  registration  of  thoroughbred  cattle. 

Sec.  542.  Every  person  who  shall,  by  any  false  or  fraudulent  pre- 
tense, obtain  from  any  club,  association,  society,  or  company  organized 
for  the  purpose  of  improving  the  breed  of  cattle,  horses,  sheep,  swine,  or 
other  domestic  animals,  a  certificate  of  registration  of  any  animal  in  the 
herd  register,  or  any  other  register,  of  any  such  club,  association? 
society,  or  company,  or  a  transfer  of  any  such  registration;  and  any 
person  who  shall,  for  a  legal  consideration,  give  a  false  pedigree  of  any 
animal,  with  intent  to  mislead,  shall  be  guilty  of  a  misdemeanor. 

Section  543.     A  new  section  to  be  added  to  read  as  follows: 

Advertising  false  pedigree  of  animals. 

Sec.  543.  Every  person  willfully  advertising  any  of  such  animals  for 
purposes  of  copulation,  or  profit,  as  having  a  pedigree  other  than  the 
true  pedigree  of  such  animal,  is  guilty  of  a  misdemeanor. 

Note.— The  changes  proposed  in  this  chapter  consist  of  the  orderly  arrangement 
of  its  provisions  and  renumbering  where  necessary.    There  are  two  sections  num- 


PENAL    CODE.  25 

bered  538.  A  section,  No.  537,  relating  to  defrauding  hotel-keepers,  was  repealed  by 
an  amendment  of  that  section  when  there  were  two  sections  of  that  number.  The 
section  thus  repealed  is  the  proposed  new  Section  540. 

Section  5373^,  which  makes  the  penalty  of  false  advertising  as  to  pedigree  of 
animals  the  forfeiture  of  all  right  to  collect  pay  for  certain  services  of  said  animals, 
has  been  changed  to  make  the  same  a  misdemeanor,  and  the  section  renum- 
bered 543. 

Section  539  of  Chapter  IX,  Part  I,  Title  XIII,  to  be  Section  544  of 
said  chapter. 

Section  540  to  be  Section  545  of  said  chapter,  and  Section  541  of  said 
chapter  to  be  Section  546. 

Section  544  of  Chapter  X,  Part  I,  Title  XIII,  to  be  Section  547  of 
that  chapter. 

Section  545  of  said  chapter  to  be  Section  548  thereof. 

Section  548  of  Chapter  XI,  Part  I,  Title  XIII,  to  be  Section  549  of 
said  chapter,  and  Section  549  of  said  chapter  to  be  Section  550  thereof. 

Section  563.     To  be  amended  to  read  as  follows: 

Sec.  563.  Every  director,  officer,  or  agent  of  any  corporation  or  joint- 
stock  association,  who  knowingly  receives  or  possesses  himself  of  any 
property  of  such  corporation  or  association,  otherwise  than  in  payment 
of  a  just  demand,  and  who,  with  intent  to  defraud,  omits  to  make,  or 
cause  or  direct  to  be  made,  a  full  and  true  entry  thereof  in  the  books  or 
accounts  of  such  corporation  or  association,  and  every  director,  officer, 
agent,  or  member  of  any  corporation  or  joint-stock  association,  who, 
with  intent  to  defraud,  destroys,  alters,  mutilates,  or  falsifies  any  of  the 
books,  papers,  writings,  or  securities  belonging  to  such  corporation  or 
association,  or  makes,  or  concurs  in  making,  any  false  entries,  or  omits, 
or  concurs  in  omitting,  to  make  ^any  material  entry,  in  any  book  of 
accounts,  or  other  record  or  document  kept  by  such  corporation  or  asso- 
ciation, is  punishable  by  imprisonment  in  the  state  prison  not  less  than 
three,  nor  more  than  ten,  years,  or  by  a  fine  not  exceeding  five  hundred 
dollars,  or  by  both  such  fine  and  imprisonment. 

Section  591.     To  be  amended  to  read  as  follows: 

Sec.  591.  Every  person  who  unlawfully  and  willfully  cuts,  removes, 
injures,  or  obstructs  any  line,  wire,  or  conduit,  or  apparatus  connected 
therewith,  belonging  to  and  used  by  any  person  or  corporation  engaged 
in  conducting  and  carrying  on  a  telegraph  or  telephone  business,  is 
guilty  of  a  misdemeanor. 


26  PROPOSED   AMENDMENTS   TO   THE 

Section  599.     A  new  section  to  be  added  to  read  as  follows: 

Leaving  open  inclosures  passed  through,  and  tearing  down  fences  for 
passage — Misdemeanor. 
Sec.  599.  Every  person  who  passes  through  an  inclosure  of  another, 
and  leaves  the  same  open,  is  guilty  of  a  misdemeanor,  and  is  punish- 
able by  a  fine  of  not  less  than  twenty,  nor  more  than  fifty,  dollars;  and 
every  person  who  willfully  and  maliciously  tears  down  fences  to  make 
a  passage  through  an  inclosure  of  another,  is  guilty  of  a  misdemeanor, 
and  is  punishable  by  a  fine  of  not  less  than  fifty,  nor  more  than  five 
hundred,  dollars.  All  fines  collected  under  the  provisions  of  this  section 
shall  be  paid  into  the  county  school  fund  of  the  county  where  the 
offense  is  committed. 

Note—  This  section  contains  the  provisions  of  the  Act  of  March  16, 1872,  upon 
the  subjects  therein  mentioned. 

Section  602.     To  be  amended  to  read  as  follows: 

Sec.  602.     Every  person  who  willfully  commits  any  trespass  by  either: 

1.  Cutting  down,  destroying,  or  injuring  any  kind  of  wood  or  timber 
standing  or  growing  upon  the  lands  of  another;  or, 

2.  Carrying  away  any  kind  of  wood  or  timber  lying  on  such  lands;  or, 

3.  Maliciously  injuring  or  severing  from  the  freehold  of  another  any- 
thing attached  thereto,  or  the  produce  thereof;  or, 

4.  Digging,  taking,  or  carrying  away  from  any  lot  situated  within  the 
limits  of  any  incorporated  city,  without  the  license  of  the  owner  or  legal 
occupant  thereof,  any  earth,  soil,  or  stone;  or, 

5.  Digging,  taking,  or  carrying  away  from  any  land  in  any  of  the 
cities  of  the  State,  laid  down  on  the  map  or  plan  of  such  city,  or  other- 
wise recognized  or  established,  as  a  street,  alley,  avenue,  or  park,  without 
the  license  of  the  proper  authorities,  any  earth,  soil,  or  stone;  or, 

6.  Putting  up,  affixing,  fastening, 'printing,  or  painting,  upon  any 
property  belonging  to  the  State,  or  to  any  city,  county,  town,  or  village, 
or  dedicated  to  the  public,  or  upon  any  property  of  any  person,  without 
license  from  the  owner,  any  notice,  advertisement,  or  designation  of,  or 
any  name  for,  any  commodity,  whether  for  sale  or  otherwise,  or  any 
picture  sign,  sign,  or  device  intended  to  call  attention  thereto;  or, 

7.  Entering  upon  any  lands  owned  by  any  other  person  or  persons, 
whereon  oyster  or  other  shell-fish  are  planted  or  growing;  or  injuring, 
gathering,  or  carrying  away  any  oysters  or  other  shell-fish  planted, 
growing,  or  being  on  any  such  lands,  whether  covered  by  water  or  not, 
without  the  license  of  the  owner  or  legal  occupant  thereof;  or  destroying 
or  removing,  or  causing  to  be  removed  or  destroyed,  any  stakes,  marks, 
fences,  or  signs  intended  to  designate  the  boundaries  and  limits  of  any 
such  lands;  or, 


PENAL   CODE.  27 

8.  Landing,  or  entering  upon  any  land  or  lands  owned  by  another 
person  or  persons,  on  the  seashore,  or  on  the  borders  of  any  lake,  river, 
or  other  navigable  water,  for  the  purpose  of  hunting,  fishing,  or  shoot- 
ing thereon,  without  license  or  the  permission  of  the  owner  or  legal 
occupant  thereof,  or  removing  or  destroying,  or  causing  to  be  removed  or 
destroyed,  any  notice  or  notices  prohibiting  such  landing,  hunting,  fish- 
ing, or  shooting — is  guilty  of  a  misdemeanor. 

Section  604.     A  new  section  to  be  added  to  read  as  follows: 

Injuring  certain  trees — Misdemeanor. 

Sec.  604.  Every  person  who  shall  willfully  cut  down,  or  strip  of  its 
bark,  any  tree  "  over  sixteen  feet  in  diameter,"  in  the  grove  of  big  trees 
situated  in  the  counties  of  Fresno,  Tulare,  and  Kern,  or  shall  destroy  any 
of  said  trees  by  fire,  is  guilty  of  a  misdemeanor,  and  is  punishable  by  a 
fine  of  not  less  than  fifty,  nor  more  than  three  hundred,  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  less  than  twenty-five,  nor  more 
than  one  hundred  and  fifty,  days,  or  by  both;  and  upon  the  arrest  and 
conviction  of  any  person  or  persons  guilty  of  any  of  the  acts  herein- 
before in  this  section  mentioned,  the  party  informing  shall  be  entitled 
to  one  half  of  any  of  the  fines  imposed  and  collected. 

Note.— This  section  contains  the  provisions  of  "An  Act  to  protect  the  groves  of 
big  trees,"  etc.,  approved  March  13, 1874. 

The  present  Section  604  to  be  numbered  605;  the  present  Section  605 
to  be  numbered  606;  the  present  Section  606  to  be  numbered  607;  the 
present  Section  607  to  be  numbered  608;  the  present  Section  608  to  be 
numbered  609. 

Section  610.     A  new  section  to  be  added  to  read  as  follows: 

Malicious  injury  to  saw-logs — Felony. 

Sec.  610.  Every  person  who  maliciously  drives  into  or  places  within 
any  saw-log,  shingle-bolt,  or  other  wood,  any  iron,  steel,  or  other  sub- 
stance sufficiently  hard  to  injure  saws,  knowing  that  the  said  saw-log, 
shingle-bolt,  or  other  wood  is  intended  by  the  owner  thereof  to  be  manu- 
factured into  any  kind  of  lumber,  is  guilty  of  a  felony,  and  is  punish- 
able by  imprisonment  in  the  state  prison  for  not  less  than  one,  nor 
more  than  five,  years. 

Note. — This  section  contains  the  provisions  of  "An  Act  to  protect  lumber  manu- 
facturers," approved  February  9,  1876. 

The  present  Section  609  to  be  numbered  611;  the  present  Section  610 
to  be  numbered  612;  the  present  Section  611  to  be  numbered  613;  the 
present  Section  612  to  be  numbered  614;  the  present  Section  613  to  be 
numbered  615;  the  present  Section  614  to  be  numbered  616. 


28  PROPOSED   AMENDMENTS   TO   THE 

Section  617.    A  new  section  to  be  added  to  read  as  follows: 

Damaging  buoys  and  beacons. 

Sec.  617.  Every  person  who  willfully  removes,  damages,  or  destroys 
any  buoy  or  beacon,  or  any  part  thereof,  placed  in  the  waters  of  Cali- 
fornia by  authority  of  the  United  States  Lighthouse  Board,  or  who  cuts 
down,  removes,  or  destroys  any  beacon  or  beacons  erected  on  any  land 
in  this  State,  by  the  authority  aforesaid,  is  guilty  of  a  misdemeanor, 
and  is  punishable  by  a  fine  not  exceeding  five  hundred  dollars,  or  by 
imprisonment  not  exceeding  six  months;  and  one  third  of  any  fines 
imposed  and  collected  under  this  section  shall  be  paid  to  the  party  inform- 
ing, and  two  thirds  to  the  lighthouse  board,  to  be  used  in  repairing 
said  buoys  and  beacons. 

Notk.— This  section  is  Section  1  of  "An  Act  for  the  protection  of  bnoys  and  bea- 
cons," approved  March  26, 1874.  The  second  section  thereof,  relating  to  liens  on 
vessels,  is  placed  in  the  Political  Code. 

The  present  Section  615  to  be  numbered  618;  the  present  Section  616 
to  be  numbered  619;  the  present  Section  617  to  be  numbered  620;  the 
present  Section  618  to  be  numbered  621;  the  present  Section  619  to  be 
numbered  622;  the  present  Section  620  to  be  numbered  623;  the  present 
Section  621  to  be  numbered  624;  the  present  Section  622  to  be  num- 
bered 625;  the  present  Section  623  to  be  numbered  626;  the  present 
Section  624  to  be  numbered  627;  the  present  Section  625  to  be  num- 
bered 628  of  Part  I,  Title  XIV. 

Section  626  in  Chap.  15,  Section  626,  626a,  6266,  626c,  626d,  626c, 
626/,  626^,  626/i,  626i,  Section  627  and  Section  627a,  6276,  627c,  627d, 
Section  628  and  Section  628a,  Section  632,  Section  632a,  Section  6326, 
Section  633,  Section  634,  Section  635,  and  Section  636,  to  be  repealed. 

Section  627.  A  new  section  to  be  added  to  Chapter  I,  Part  I,  Title 
XV,  to  read  as  follows: 

Destruction  and  sale  of  game — when  prohibited. 

^  Sec.  627.  Every  person  who,  in  the  State  of  California,  between  the 
fifteenth  day  of  February  and  the  fifteenth  day  of  August,  of  each  year, 
shall  hunt,  pursue,  take,  kill,  or  destroy,  or  have  in  his  possession, 
whether  taken  or  killed  in  this  State,  or  shipped  into  the  State  from 
any  other  State,  Territory,  or  foreign  country,  except  for  the  purpose  of 
propagation,  any  mountain  quail,  or  grouse,  without  having  obtained  a 
permit,  in  writing,  from  the  game  warden  of  the  county  wherein  said 
birds  are  to  be  caught;  every  person  who,  in  the  State  of  California, 
between  the  fifteenth  day  of  February  and  the  first  day  of  July,  in  each 


PENAL    CODE.  29 

year,  shall  hunt,  pursue,  take,  kill,  or  destroy,  or  have  in  his  possession 
any  dove  or  doves;  every  person  who,  in  the  State  of  California,  shall 
hunt,  pursue,  take,  kill,  or  destroy,  or  have  in  his  possession,  any  male 
deer,  between  the  fifteenth  day  of  October  and  the  fifteenth  day  of  July 
of  the  following  year;  every  person  who,  in  the  State  of  California,  shall, 
at  any  time,  hunt,  pursue,  take,  kill,  or  destroy,  or  have  in  his  posses- 
sion, any  spotted  fawn,  or  ah  antelope,  elk,  mountain  sheep,  or  female 
deer;  every  person  who,  in  the  State  of  California,  shall  buy,  sell,  or 
offer  for  sale,  the  hide  or  meat  of  any  female  deer,  elk,  antelope,  or 
mountain  sheep,  whether  taken  or  killed  in  the  State  of  California, 
or  shipped  into  the  State  from  any  other  State  or  Territory;  every 
person  who,  in  the  State  of  California,  shall  buy,  sell,  offer,  or  expose 
for  sale,  transport,  or  carry,  or  have  in  his  possession,  the  skin,  hide, 
or  pelt  of  any  deer  from  which  the  evidence  of  sex  has  been  removed; 
every  person  who,  in  the  State  of  California,  shall  buy,  sell,  offer,  or 
expose  for  sale,  the  hide  or  meat  of  any  female  deer,  elk,  antelope, 
or  mountain  sheep,  whether  taken  or  killed  in  the  State  of  Cali- 
fornia, or  shipped  into  this  State  from  any  other  State  or  Territory 
(except  Alaska),  or  a  foreign  country;  every  person  who,  in  the  State 
of  California,  before  the  first  day  of  March,  eighteen  hundred  and  ninety- 
nine,  shall  hunt,  pursue,  take,  kill,  or  destroy,  or  have  in  his  possession, 
except  for  the  purpose  of  propagation,  any  pheasant;  every  cold-storage 
company,  person  keeping  a  cold-storage  warehouse,  tavern  or  hotel 
keeper,  restaurant  or  eating-house  keeper,  marketman,  or  other  person, 
who  shall  buy,  sell,  expose  or  offer  for  sale,  or  give  away,  or  have  in  his 
possession,  in  this  State,  any  quail,  bob-white,  partridge,  pheasant, 
grouse,  dove,  wild  duck,  male  deer,  or  any  portion  thereof,  during  the 
time  it  shall  be  unlawful  to  kill  such  birds,  or  male  deer,  whether  taken 
or  killed  in  the  State  of  California,  or  shipped  into  the  State  from  any 
other  State,  Territory,  or  foreign  country;  every  person  who,  in  the 
State  of  California,  shall  take,  gather,  or  destroy  the  eggs  of  any  quail, 
bob-white,  partridge,  pheasant,  grouse,  dove,  or  robin,  or  any  kind  of 
wild  duck;  every  person  who,  for  the  purpose  of  shooting  any  kind  of 
wild  game,  conceals  himself  behind  any  living  animal;  every  person 
who  shall  use  a  shotgun  of  a  larger  caliber  than  that  commonly  known 
and  designated  as  number  ten  gauge,  for  the  purpose  of  killing  any 
quail,  or  any  species  of  wild  duck;  every  person  who,  upon  any  inclosed 
or  cultivated  grounds,  which  are  private  property,  and  where  signs  are 
displayed  forbidding  such  shooting,  except  salt-water  marsh  land,  shall 
shoot  any  quail,  bob-white,  pheasant,  partridge,  grouse,  dove,  deer,  or 
wild  duck,  without  permission  first  obtained  from  the  owner  or  person 
in  possession  of  such  grounds,  or  who  shall  maliciously  tear  down,  or 
mutilate  or  destroy  any  sign,  signboard,  or  other  notice  forbidding 
shooting  on  private  property;  every  person  who,  in  the  State  of  Califor- 


30  PROPOSED   AMENDMENTS    TO   THE 

nia,  shall  at  any  time  hunt,  shoot,  shoot  at,  take,  kill,  or  destroy,  buyy 
sell,  give  awav,  or  have  in  his  possession,  except  for  the  purpose  of  prop- 
agation, or  for  educational  or  scientific  purposes,  any  English  skylark, 
canary,  California  oriole,  humming-bird,  thrush,  or  mocking-bird,  or 
any  part  of  the  skin,  skins,  or  plumage  of  any  of  said  birds,  or  who 
shall  rob  the  nests,  or  take  or  destroy  the  eggs,  of  any  of  said  birds— is 
guilty  of  a  misdemeanor,  and  is  punishable  by  a  fine  of  not  less  than 
twenty  dollars,  or  by  imprisonment  in  the  county  jail  of  the  county  in 
which  the  conviction  shall  be  had  not  less  than  ten  days,  or  by  both; 
and  all  the  fines  imposed  and  collected  for  any  violation  of  any  of  the 
provisions  of  this  section,  shall  be  paid  into  the  general  fund  of  the 
county  in  which  the  conviction  is  had. 

Section  628.     A  new  section  to  be  added  to  read  as  follows: 
Regulating  catching  of  certain  fish. 

Sec.  628.  Every  person  who  takes  or  catches,  buys,  sells,  or  has  in 
his  possession,  any  striped  bass  of  less  than  three  pounds  in  weight; 
every  person  who,  at  any  time,  buys,  sells,  offers  or  exposes  for  sale,  or 
has  in  his  possession,  any  sturgeon  less  than  three  feet  in  length;  every 
person  who,  at  any  time  between  the  first  day  of  April  and  the  first  day 
of  September,  of  each  year,  takes  or  catches,  buys,  sells,  or  has  in  his 
possession,  any  fresh  sturgeon,  whether  such  sturgeon  is  caught  outside 
or  within  this  State;  every  person  who,  between  the  first  day  of  January 
and  the  first  day  of  July,  takes  or  catches,  buys,  sells,  or  has  in  his  pos- 
session, any  black  bass;  every  person  who,  at  any  time,  takes,  catches, 
or  kills,  any  black  bass,  except  with  hook  and  line;  every  person  who 
shall  take,  catch,  or  kill,  or  sell,  expose  or  offer  for  sale,  or  has  in  his 
possession,  any  lobster  or  crawfish,  between  the  fifteenth  day  of  May 
and  the  fifteenth  day  of  July,  of  each  year;  every  person  who  shall,  at 
any  time,  buy,  sell,  barter,  exchange,  offer  or  expose  for  sale,  or  have  in 
his  possession,  any  lobster  or  crawfish  of  less  than  nine  and  one  half 
inches  in  length,  measured  from  one  extremity  to  the  other,  exclusive  of 
legs  or  feelers,  or  less  than  one  pound  in  weight,  whether  such  lobster 
or  crawfish  is  caught  outside  or  within  this  State;  every  person  who 
takes,  catches,  or  kills,  or  exposes  for  sale,  or  has  in  his  possession,  any 
speckled  trout,  brook  or  salmon  trout,  or  any  variety  of  trout,  between 
the  first  day  of  November  and  the  first  day  of  April  in  the  following 
year,  except  steel-head  trout  when  taken  with  rod  and  line  in  tide- 
water; every  person  who  buys,  sells,  or  offers  or  exposes  for  sale,  any 
steel-head  trout  (Salmo  gairdneri),  between  the  first  day  of  December 
and  the  first  day  of  February  of  the  following  year;  every  person  who 
buys  or  sells,  or  offers  or  exposes  for  sale,  within  this  State,  any  kind  of 
trout  less  than  six  inches  in  length;  every  person  who,  between  the 
thirty-first  day  of  August  and  the  first  day  of  November,  of  each  year, 


PENAL    CODE.  31 

takes  or  catches,  buys,  sells,  offers,  or  exposes  for  sale,  or  has  in  his 
possession,  any  fresh  salmon;  every  person  who,  by  seine  or  other 
means,  shall  catch  the  young  fish  of  any  species  and  shall  not  return 
the  same  to  the  water  immediately,  and  alive,  or  who  shall  sell,  or 
offer  for  sale,  any  such  fish,  fresh  or  dried;  every  person  who,  in 
the  State  of  California,  at  any  time,  takes  or  catches  any  trout, 
except  with  hook  and  line;  every  person  who  shall  place,  or  cause 
to  be  placed,  in  any  of  the  waters  of  this  State,  dynamite,  gun- 
powder, or  other  explosive  compound,  for  the  purpose  of  killing  or 
taking  fish,  or  who  shall  at  any  time  take,  procure,  kill,  or  destroy, 
any  fish  of  any  kind  by  means  of  explosives;  every  person  who 
shall,  at  any  time,  except  with  hook  and  line,  take  or  catch  fish  of 
any  kind,  from  any  river  or  stream  within  the  State  of  California,  upon 
which  a  United  States  fish  hatchery  is  in  operation;  every  person  who 
shall  set  or  draw,  or  assist  in  setting  or  drawing,  any  net  or  seine  for  the 
purpose  of  taking  or  catching  salmon,  shad,  or  striped  bass,  in  any  of 
the  public  waters  of  this  State,  at  any  time  between  sunrise  of  each 
Saturday  and  sunset  of  the  following  Sunday;  every  person  who  shall, 
for  the  purpose  of  catching  shad,  salmon,  or  striped  bass,  in  any  of  the 
public  waters  of  this  State,  fish  with,  or  use  any,  seine,  net,  drag-net, 
or  paranzella,  the  meshes  of  which  are,  when  drawn  closely  together 
and  measured  inside  the  knot,  less  then  seven  and  one  half  inches 
in  length;  every  person  who  places,  or  allows  to  pass  into  any  of 
the  waters  of  this  State,  any  lime,  gas,  tar,  cocculus  indicus,  saw- 
dust, shavings,  slabs,  edgings,  mill  or  factory  refuse,  or  any  substance 
deleterious  to  fish;  every  person  who  shall  catch,  take,  or  carry  away 
any  trout  or  other  fish,  from  any  stream,  pond,  or  reservoir,  controlled 
by  the  State  Board  of  Fish  Commissioners,  or  belonging  to  any  person 
or  corporation,  without  the  consent  of  the  owner  thereof,  which  stream, 
pond,  or  reservoir  has  been  stocked  with  fish  by  hatching  therein  eggs 
or  spawn,  or  by  placing  the  same  therein;  every  person  who  shall  set, 
use,  or  continue,  or  shall  assist  in  setting,  using,  or  continuing,  any  pond, 
weir,  set-net,  trap,  or  any  other  fixed  or  permanent  contrivance  for  catch- 
ing fish  in  the  waters  of  this  State;  and  every  net  shall  be  considered  a 
set-net  when  fastened  in  any  way  to  a  fixed  or  stationary  object;  every 
person  who  shall  cast,  extend,  or  set  any  seine,  or  net  of  any  kind,  for 
the  catching  of  fish  in  any  river,  stream,  or  slough,  of  this  State,  which 
shall  extend  more  than  one- third  across  the  width  of  said  river,,  stream, 
or  slough,  at  the  time  and  place  of  such  fishing;  every  person  who  shall 
cast,  extend,  set,  use,  or  continue,  or  who  shall  assist  in  casting,  extend- 
ing, using,  or  continuing,  "  Chinese  shrimp  or  bag  net,"  or  net  of  similar 
character,  for  the  catching  of  fish  in  the  waters  of  this  State;  every  per- 
son who  shall  cast,  extend,  set,  use,  or  continue,  or  have  in  his  possession, 
or  who  shall  assist  in  casting,  extending,  using,  or  continuing,  "  Chinese 


32  PROPOSED   AMENDMENTS   TO   THE 

sturgeon  lines,"  or  lines  of  a  similar  character— is  guilty  of  a  misde- 
meanor, and  is  punishable  by  a  fine  not  less  than  one  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  in  the  county  in  which  the  con- 
viction shall  be  had,  not  less  than  fifty  days,  or  by  both  such  fine  and 
imprisonment;  provided,  that  nothing  in  this  section  shall  prohibit  the 
United  States  Fish  Commissioners  and  the  Fish  Commissioners  of  this 
State  from  taking,  at  all  times,  such  fish  as  they  deem  necessary  for  the 
purpose  of  artificial  hatching. 

Section  631.     To  be  amended  to  read  as  follows: 

Sec.  631.  Every  person  who  shall,  at  any  time,  net  or  pound,  cage  or 
trap,  any  quail,  partridge,  or  grouse;  and  every  person  who  shall  sell, 
transport,  or  give  away,  or  offer  or  expose  for  sale,  or  have  in  his  pos- 
session, any  quail,  partridge,  or  grouse,  that  has  been  snared,  captured, 
or  taken  by  means  of  any  net  or  pound,  cage  or  trap,  whether  taken  in 
the  State  of  California,  or  shipped  into  the  State  from  any  other  State, 
Territory,  or  foreign  country,  is  guilty  of  a  misdemeanor;  provided,  that 
the  same  may  be  taken  for  the  purpose  of  propagation,  written  permis- 
sion having  been  first  obtained  from  the  game  warden  of  the  county 
wherein  said  birds  are  to  be  taken. 

Notb.—  The  amendment  to  this  section  omits  the  provision  which  makes  proof 
of  possession  prima  facie  evidence  of  guilt  in  certain  cases,  which  provision  is 
unconstitutional. 

The  present  Section  637  to  be  numbered  632  of  Part  I,  Title  XV. 

Section  633.  A  new  section  to  be  added  to  Part  I,  Title  XV,  to  read 
as  follows: 

Killing  certain  seagulls — Misdemeanor. 

Sec.  633.     Every  person  who  willfully  kills  or  destroys  any  of  that 

species  of  sea-birds  known  as  gulls,  within  five  miles  of  the  town  of 

Santa  Monica,  Los  Angeles  County,  is  guilty  of  a  misdemeanor. 

Notb.— The  foregoing  amendments  to  the  sections  upon  the  fish  and  game  laws 
incorporate  in  a  few  sections  most  of  the  provisions  now  contained  in  the  numer- 
ous sections  on  the  subject  in  this  Code,  and  also  the  suggestions  made  to  us  by 
the  Fish  Commission.  The  principal  change  made  is  that  the  close  season  and 
the  time  when  it  is  unlawful  to  sell  game  are  coincident  in  the  proposed  amend- 
ments. 

Section  637.  A  new  section  to  be  added  to  Chapter  II,  Title  XV, 
Part  I,  to  read  as  follows: 

Issuing  fire  insurance  policies  not  of  standard  form  a  misdemeanor. 

Sec.  637.  Every  insurance  company  or  person  who  makes,  issues, 
delivers,  or  offers  to  deliver,  any  policy  of  fire  insurance,  on  property  in 
this  State,  on  or  after  September  first,  eighteen  hundred  and  ninety- 
seven,  which  policy  does  not  conform  to  the  "California  Standard 
Policy,"  shall  be  guilty  of  a  misdemeanor. 


PENAL    CODE.  33 

Section  638.     To  be  amended  to  read  as  follows: 
Neglect  or  postponement,  out  of  regular  order,  of  telegraphic  message. 

Sec.  638.  Every  agent,  operator,  or  employe  of  any  telegraph  or 
telephone  office,  who  willfully  refuses  or  neglects  to  send  any  message 
received  at  such  office  for  transmission,  or  willfully  postpones  the  same 
out  of  its  order,  or  willfully  refuses  or  neglects  to  deliver  any  message 
received  by  telegraph  or  telephone;  and  every  agent,  operator,  or  employe 
of  any  telegraph  or  telephone  company,  who  willfully  refuses  or  neglects 
to  transmit,  or  to  allow  to  be  transmitted,  any  telegraph  or  telephone 
message,  or  willfully  postpones  the  same  out  of  its  order,  is  guilty  of  a 
misdemeanor.  Nothing  herein  contained  shall  be  construed  to  require 
any  message  to  be  received,  transmitted,  delivered,  or  permitted  to  be 
transmitted,  unless  the  charges  thereon  have  been  paid  or  tendered,  nor 
to  require  the  transmission,  receiving,  or  delivery  of  any  message  coun- 
seling, aiding,  abetting,  or  encouraging  treason  against  the  government 
of  the  United  States,  or  of  this  State,  or  other  resistance  to  lawful 
authority,  or  any  message  calculated  to  further  any  fraudulent  plan  or 
purpose,  or  to  instigate  or  encourage  the  perpetration  of  any  unlawful 
act,  or  to  facilitate  the  escape  of  any  criminal  or  person  accused  of  crime. 

Section  639.     To  be  amended  to  read  as  follows: 
Agent,  operator,  or  employe  using  information  from  messages. 

Sec.  639.  Every  agent,  operator,  or  employe  of  any  telegraph  or  tele- 
phone office,  who,  in  any  way,  uses  or  appropriates  any  information 
derived  by  him  from  any  private  message  passing  through  his  hands,  or 
along  the  lines  in  such  office,  and  addressed  to  any  other  person,  or  in 
any  other  manner  acquired  by  him  by  reason  of  his  trust  as  such  agent, 
operator,  or  employe,  or  trades  or  speculates  upon  any  such  information 
so  obtained,  or  in  any  manner  turns,  or  attempts  to  turn,  the  same  to  his 
own  account,  profit,  or  advantage,  is  punishable  by  imprisonment  in  the 
state  prison  not  exceeding  five  years,  or  by  imprisonment  in  the  county 
jail  not  exceeding  one  year,  or  by  a  fine  not  exceeding  five  thousand 
dollars,  or  by  both  such  fine  and  imprisonment  in  the  county  jail. 

Section  640.     A  new  section  to  be  added  to  read  as  follows: 
Clandestinely  learning  the  contents  of  message. 

Sec.  640.  Every  person  who,  by  means  of  any  machine,  instrument, 
or  contrivance,  or  in  any  other  manner,  willfully  and  fraudulently  reads, 
or  attempts  to  read,  any  message,  or  to  learn  the  contents  thereof,  while 
the  same  is  being  sent  over  any  telegraph  or  telephone  line,  or  willfully 
and  fraudulently,  or  clandestinely,  learns,  or  attempts  to  learn,  the  con- 
tents or  meaning  of  any  message,  while  the  same  is  in  any  telegraph 
or  telephone  office,  or  is  being  received  thereat,  or  sent  therefrom,  or 
3-o 


34  PROPOSED   AMENDMENTS   TO   THE 

who  uses,  or  attempts  to  use,  or  communicates  to  others,  any  informa- 
tion so  obtained,  is  punishable  as  provided  in  section  six  hundred  and 
thirty-nine  of  this  Code. 

Section  641.     To  be  amended  to  read  as  follows: 

Bribing  operator. 

Sec.  641.  Every  person  who,  by  the  payment  or  promise  of  any  bribe, 
inducement,  or  reward,  procures,  or  attempts  to  procure,  any  telegraph 
or  telephone  agent,  operator,  or  employe  to  disclose  any  private  mes- 
sage, or  the  contents,  purport,  substance,  or  meaning  thereof,  or  offers  to 
any  such  agent,  operator,  or  employe  any  bribe,  compensation,  or  reward, 
for  the  disclosure  of  any  private  information  received  by  him  by  reason 
of  his  trust  as  such  agent,  operator,  or  employe,  or  uses,  or  attempts  to 
use,  any  such  information  so  obtained,  is  punishable  as  provided  in 
section  six  hundred  and  thirty-nine  of  this  Code. 

Section  654  of  Title  XVI,  Part  I,  to  be  Section  655  of  that  title. 

Sections  655  and  656  to  be  consolidated  and  numbered  656,  to  read 
as  follows: 
Effect  of  foreign  law  and  conviction  or  acquittal  thereunder. 

Sec.  656.     An  act  or  omission  declared  punishable  by  this  Code  is  not 

less  so  because  it  is  also  punishable  under  the  laws  of  another  State, 

government,  or   country,  unless   the   contrary   is   expressly  declared. 

Whenever  on  the  trial  of  an  accused  person  it  appears  that,  upon  a 

criminal  prosecution  under  the  laws  of  another  State,  government,  or 

country,  founded  upon  the  act  or  omission  in  respect  to  which  he  is  on 

trial,  he  has  been  acquitted  or  convicted,  it  is  a  sufficient  defense. 

Note. — There  are  two  sections  numbered  654,  and  the  consolidation,  as  above 
suggested,  of  Sections  655  and  656  into  one  section,  to  be  numbered  656,  permits 
the  number  655  to  be  given  to  the  second  of  the  sections  654. 

Section  680.     A  new  section  to  be  added  to  read  as  follows: 
Absentee  causing  crime  to  be  committed  within  this  State. 

Sec.  680.  Every  person  who,  being  out  of  this  State,  causes,  aids, 
advises,  or  encourages  any  person  to  commit  a  crime  within  this  State, 
and  is  afterwards  found  within  this  State,  is  punishable  in  the  same 
manner  as  if  he  had  been  within  this  State  when  he  caused,  aided, 
advised,  or  encouraged  the  commission  of  such  crime. 

Section  686.     To  be  amended  to  read  as  follows: 

Sec.  686.     In  a  criminal  action  the  defendant  is  entitled: 

1.  To  a  speedy  and  public  trial; 

2.  To  be  allowed  counsel  as  in  civil  actions,  or  to  appear  and  defend 
in  person  and  with  counsel;  , 


PENAL   CODE.  35 

3.  To  produce  witnesses  on  his  behalf,  and  to  be  confronted  with  the 
witnesses  against  him,  in  the  presence  of  the  court,  except  that  where 
the  charge  has  been  preliminarily  examined  before  a  committing 
magistrate,  and  the  testimony  taken  down  by  question  and  answer  in 
the  presence  of  the  defendant,  who  has,  either  in  person  or  by  counsel, 
cross-examined,  or  had  an  opportunity  to  cross-examine,  the  witness; 
or  where  the  testimony  of  a  witness  on  the  part  of  the  people,  who  is 
unable  to  give  security  for  his  appearance,  has  been  taken  conditionally 
in  the  like  manner  in  the  presence  of  the  defendant,  who  has,  either  in 
person  or  by  counsel,  cross-examined,  or  had  an  opportunity  to  cross- 
examine,  the  witness,  the  deposition  of  such  witness  may  be  read,  upon 
its  being  satisfactorily  shown  to  the  court  that  he  is  dead  or  insane,  or 
cannot  with  due  diligence  be  found  within  the  State;  or  where  the  testi- 
mony of  a  witness  has  been  given  at  a  former  trial,  the  transcript  of 
the  shorthand  reporter's  notes,  made  and  certified  under  oath  as  a  full, 
true,  and  correct  transcription  of  such  evidence,  by  the  shorthand 
reporter  who  took  the  notes  of  such  testimony  of  such  witness  at  a 
former  trial,  may  be  read  and  received  in  evidence,  upon  it  being  satis- 
factorily shown  to  the  court  that  the  witness  is  either  dead  or  insane, 
or  cannot  with  due  diligence  be  found  within  the  State. 

Note.— This  amendment  allows  a  certified  transcription  of  a  shorthand  report- 
er's notes  of  the  evidence  of  the  witness  given  at  a  former  trial  to  be  received  in 
evidence,  when  it  is  satisfactorily  shown  to  the  court  that  such  witness  is  dead, 
insane,  or  cannot  with  due  diligence  be  found  within  the  State. 

Section  689.     To  be  amended  to  read  as  follows: 

Sec.  689.  No  person  can  be  convicted  of  a  public  offense  unless  by 
verdict  of  a  jury,  accepted  and  recorded  by  the  court,  or  upon  a  plea  of 
guilty,  or  upon  judgment  against  him  upon  a  demurrer  in  the  case 
mentioned  in  section  ten  hundred  and  eleven,  or  upon  a  judgment  of 
the  court,  a  jury  having  been  waived  in  a  criminal  case  not  amounting 
to  a  felony;  or  upon  the  judgment  of  a  court  in  a  criminal  case,  where 
the  offense  charged  is  the  violation  of  a  municipal  ordinance,  as  pro- 
vided in  section  ten  hundred  and  forty-two. 

Note.— The  effect  of  the  amendment  is  to  take  away  the  right  to  trial  by  jury  for 
the  violation  of  municipal  ordinances. 

Section  707.     To  be  amended  to  read  as  follows: 

Sec.  707.  If  the  undertaking  required  by  the  last  section  is  given,  the 
party  informed  of  must  be  discharged.  If  he  does  not  give  it,  the 
magistrate  must  commit  him  to  prison,  specifying  in  the  warrant  the 
requirement  to  give  security,  the  amount  thereof,  the  omission  to  give 
the  same,  and  that  he  be  held  until  he  give  such  undertaking,  not 
exceeding  six  months. 


36  PROPOSED   AMENDMENTS   TO   THE 

Section  708.     To  be  amended  to  read  as  follows: 

Sec.  708.  If  the  person  complained  of  is  committed  for  not  giving 
the  undertaking  required,  he  may  be  discharged  by  any  magistrate  upon 
giving  the  same,  and  he  may  be  discharged  at  any  time  without  giving 
the  same,  upon  good  cause  shown  therefor. 

Section  758.     To  be  amended  to  read  as  follows: 

Sec.  758.     An  accusation  in  writing  against  any  officer  not  mentioned 

in  section  seven  hundred  and  thirty-seven,  of  this  Code,  and  against 

any  district,  county,  township,  or  municipal  officer  for  willful  or  corrupt 

misconduct  in  office,  may  be  presented  by  the  grand  jury  of  the  county 

for  or  in  which  the  officer  accused  is  elected,  appointed,  or  performs  his 

duties. 

Note. — The  object  of  the  amendment  is  to  render  all  officers,  other  than  those 
named  in  Section  737  as  liable  to  impeachment,  subject  to  trial  for  misconduct  in 
office. 

Section  770.    To  be  amended  to  read  as  follows: 

Sec.  770.  From  a  judgment  of  removal  an  appeal  may  be  taken  to 
the  Supreme  Court,  in  the  same  manner  as  from  a  judgment  in  a  civil 
action;  but  until  such  judgment  is  reversed,  the  defendant  is  suspended 
from  office.  Pending  the  appeal  the  office  must  be  filled  as  in  case  of  a 
vacancy,  but  the  salary  attached  to  said  office  shall  not  be  payable  until 
after  the  final  determination  of  the  case. 

Nora—  The  object  of  the  amendment  i3  to  postpone  the  payment  of  the  salary 
nntil  the  determination  of  the  case  on  appeal,  and  is  in  accordance  with  the 
decision  in  Ward  vs.  Marshall,  96  Cal.  155. 

Section  772.    To  be  amended  to  read  as  follows: 

Sec.  772.  When  an  accusation  in  writing,  verified  by  the  oath  of  any 
person,  is  presented  to  a  Superior  Court,  alleging  that  any  officer  within 
the  jurisdiction  of  the  court  has  been  guilty  of  knowingly  and  corruptly 
charging  and  collecting  illegal  fees  for  services  rendered,  or  to  be  rendered, 
in  his  office,  or  has  refused  or  neglected  to  perform  the  official  duties  per- 
taining to  his  office,  the  court  must  cite  the  party  charged  to  appear 
before  the  court  at  a  time  not  more  than  ten,  nor  less  than  five,  days 
from  the  time  the  accusation  was  presented,  and  on  that  day,  or  some 
other  subsequent  day,  not  more  than  twenty  days  from  that  on  which 
the  accusation  was  presented,  must  proceed  to  hear,  in  a  summary 
manner,  the  accusation,  and  evidence  offered  in  support  of  the  same,  and 
the  answer  and  evidence  offered  by  the  party  accused;  and  if,  on  such 
hearing,  it  appears  that  the  charge  is  sustained,  the  court  must  enter  a 
decree  that  the  party  accused  be  deprived  of  his  office,  and  must  enter  a 
judgment  for  five  hundred  dollars  in  favor  of  the  informer,  and  such 
costs  as  are  allowed  in  civil  cases;  if  the  charges  made  against  the  officer 


PENAL    CODE.  37 

are  not  sustained,  a  judgment  for  such  costs  as  are  allowed  in  civil  cases 
shall  be  entered  against  the  informer  in  favor  of  the  accused  officer. 

Note. — The  changes  in  the  section  are,  that  the  accusation  must  be  that  the 
officer  has  been  guilty  of  "knowingly  and  corruptly"  charging  and  collecting 
illegal  fees  for  services,  etc.,  and  allowing  costs  against  the  informer  where  the 
charges  are  not  [sustained. 

Section  784.     To  be  amended  to  read  as  follows: 
Sec.  784.     The  jurisdiction  of  a  criminal  action: 

1 .  For  forcibly  and  without  lawful  authority  seizing  and  confining 
another,  or  inveigling  or  kidnaping  him,  with  intent,  against  his  will, 
to  cause  him  to  be  secretly  confined  or  imprisoned,  in  this  State,  or  to 
be  sent  out  of  this  State,  or  from  one  place  in  this  State  to  another,  or 
to  be  sold  as  a  slave,  or  in  any  way  to  be  held  to  service;  or, 

2.  For  decoying,  taking,  or  enticing  away  a  child  under  the  age  of 
twelve  years,  with  intent  to  detain  and  conceal  it  from  its  parents, 
guardian,  or  other  person  having  the  lawful  charge  of  the  child;  or, 

3.  For  inveigling,  enticing,  or  taking  away  an  unmarried  female  of 
previous  chaste  character,  under  the  age  of  eighteen  years,  for  the  pur- 
pose of  prostitution;  or, 

4.  For  taking  away  any  female  under  the  age  of  eighteen  years  from 
her  father,  mother,  guardian,  or  other  person  having  the  legal  charge  of 
her  person,  without  their  consent,  for  the  purpose  either  of  concubinage 
or  prostitution — Is  in  the  county  in  which  the  offense  is  committed, 
or  out  of  which  the  person  upon  whom  the  offense  was  committed  may, 
in  the  commission  of  the  offense,  have  been  brought,  or  in  which  an  act 
was  done  by  the  defendant  in  instigating,  procuring,  promoting,  or  aid- 
ing in  the  commission  of  the  offense,  or  in  abetting  the  parties  concerned 
therein. 

Note.— The  proposed  amendments  of  the  section  are  in  Subdivision  1,  making 
the  section  conform  to  the  amendment  proposed  to  Section  207;  and  in  Subdivis- 
ions 3  and  4,  changing  twenty-five  years  to  eighteen  years,  in  Subdivision  3,  to  con- 
form to  Section  266,  and  changing  sixteen  years  to  eighteen  years  in  Subdivision  4 
to  conform  to  Section  267. 

Section  785.    To  be  amended  to  read  as  follows: 

Sec.  785.  When  the  offense,  either  of  bigamy  or  incest,  is  committed 
in  one  county,  and  the  defendant  is  apprehended  in  another,  the  juris- 
diction is  in  either  county;  when  the  offense  of  incest  is  committed 
outside  of  this  State,  as  provided  in  section  twro  hundred  and  eighty- 
five,  the  jurisdiction  is  in  any  county  in  the  State  where  the  defendant 
is  apprehended. 

Section  789.     To  be  amended  to  read  as  follows: 
Sec.  789.     The  jurisdiction  for  committing  without  this  State  any 
offense  which,  if   committed  within   this   State,  would  be  larceny  or 


38  PROPOSED   AMENDMENTS    TO   THE 

robbery  under  the  laws  of  this  State,  and  bringing  property  so  obtained 
within  this  State,  is  in  any  county  into  or  through  which  said  property 
has  been  brought. 

Note.— The  amendment  is  to  make  the  section  conform  more  strictly  to  the 
second  subdivision  of  Section  27,  and  to  omit  therefrom  any  jurisdiction  in  our 
courts  of  the  offense  of  knowingly  receiving  stolen  property  out  of  the  State,  and 
bringing  the  same  therein,  which  is  given  by  the  present  section.  There  is  no 
section  of  the  Code  making  it  a  crime  to  knowingly  receive  stolen  goods  out  of 
the  State  and  bring  them  within  the  State,  and  it  is  not  deemed  advisable  to 
burden  our  courts  with  the  trial  of  criminal  actions  in  such  cases. 

Section  796.     A  new  section  to  be  added  to  read  as  follows: 
Jurisdiction  of  certain  offenses  committed  without  this  State. 

Sec.  796.  The  jurisdiction  of  a  criminal  action  for,  while  outside 
this  State,  causing,  aiding,  advising,  or  encouraging  any  person  to  com- 
mit a  crime  within  this  State,  and  of  a  criminal  action  for  abduction 
out  of  this  State  of  any  person  contrary  to  the  laws  of  the  place  where 
such  act  is  committed,  and  bringing  such  person  within  the  limits  of  this 
State,  is  in  any  county  in  this  State. 

Section  797.     A  new  section  to  be  added  to  read  as  follows: 
Jurisdiction  in  criminal  actions  generally. 

Sec.  797.  When  not  otherwise  specially  provided  for  in  this  Code, 
the  jurisdiction  of  criminal  actions  for  the  violation  of  any  of  the  pro- 
visions of  this  Code,  is  in  any  county  in  this  State. 

Section  809.     To  be  amended  to  read  as  follows: 

Sec.  809.  When  a  defendant  has  been  examined  and  committed,  as 
provided  in  section  eight  hundred  and  seventy-two  of  this  Code,  it  shall 
be  the  duty  of  the  District  Attorney,  within  thirty  days  thereafter,  to 
file  in  the  Superior  Court  of  the  county  in  which  the  offense  is  triable, 
an  information  charging  the  defendant  with  such  offense,  or  such  other 
offense  as  may  be  disclosed  by  the  evidence  upon  which  the  order  of 
commitment  is  made.  The  'information  shall  be  in  the  name  of  the 
People  of  the  State  of  California,  and  subscribed  by  the  District  Attor- 
ney, and  shall  be  in  form  like  an  indictment  for  the  same  offense. 

Section  925.     To  be  amended  to  read  as  follows: 

Sec.  925.  The  grand  jury  may,  at  all  reasonable  times,  ask  the 
advice  of  the  court,  of  the  judge  thereof,  or  the  District  Attorney;  but 
unless  such  advice  is  asked,  the  judge  of  the  court  must  not  be  present 
during  the  sessions  of  the  grand  jury.  The  District  Attorney  of  the 
county  may  at  all  times  appear  before  the  grand  jury  for  the  purpose 
of  giving  information  or  advice  relative  to  any  matter  cognizable  by 
them,  and  may  interrogate  witnesses  before  them  whenever  they  or  he 
thinks  it  necessary;   but  no  other  person  is  permitted  to  be  present 


PENAL    CODE.  39 

during  the  sessions  of  the  grand  jury,  except  the  members,  and  witnesses 
actually  under  examination,  and  no  person  must  be  permitted  to  be 
present  during  the  expressions  of  their  opinions  or  giving  their  votes 
upon  any  matter  before  them.  The  grand  jury,  or  District  Attorney,  may 
however  require,  by  subpoena,  the  attendance  of  any  person  before  the 
grand  jury  as  interpreter;  and  the  interpreter  may  be  present  at  the 
examination  of  witnesses  before  the  grand  jury. 

Heading  of  Chapter  V,  Part  II,  Title  VI,  to  be  changed  to  "  Designa- 
tion, by  Governor,  of  judge  to  try  certain  indictments." 

Section  1034.     To  be  amended  to  read  as  follows: 

Sec.  1034.  Application  for  removal  must  be  made  in  open  court,  and 
in  writing,  verified  by  the  affidavit  of  the  defendant  or  of  the  District 
Attorney,  as  the  case  may  be,  a  copy  of  which  application  must  be 
served  upon  the  adverse  party  at  least  one  day  prior  to  the  hearing  of 
the  application.  At  the  hearing  the  adverse  party  may  serve  and  file 
such  counter  affidavits  as  he  may  deem  advisable.  Whenever  the  affidavit 
of  the  defendant  shows  that  he  cannot  safely  appear  in  person  to  make 
such  application  because  popular  prejudice  is  so  great  as  to  endanger 
his  personal  safety,  and  such  statement  is  sustained  by  other  testimony, 
such  application  may  be  made  by  his  attorney,  and  shall  be  heard  and 
determined  in  the  absence  of  the  defendant,  notwithstanding  the  charge 
then  pending  against  him  be  a  felony,  and  he  has  not  at  the  time  of 
such  application  been  arrested  or  given  bail,  or  been  arraigned,  or 
pleaded  or  demurred  to  the  indictment  or  information. 

Section  1042.     To  be  amended  to  read  as  follows: 

Sec.  1042.  The  issues  of  fact  must  be  tried  by  a  jury,  unless  a  trial 
by  jury  be  waived,  in  criminal  cases  not  amounting  to  a  felony,  by  the 
consent  of  both  parties  expressed  in  open  court,  and  entered  in  its 
minutes.  In  cases  of  misdemeanor  arising  from  the  violation  of  any 
municipal  or  county  ordinance,  where  the  offense  constituted  by  such 
ordinance  is  neither  against  the  public  at  large,  nor  within  the  legal  or 
common  law  notion  of  a  crime  or  misdemeanor,  nor  expressed  in  this 
Code,  the  trial  shall  be  by  the  court  without  a  jury.  In  other  cases 
of  misdemeanor,  the  jury  may  consist  of  twelve  or  any  number  less 
than  twelve  upon  which  the  parties  may  agree  in  open  court. 

Note.— This  amendment  takes  away  the  right  to  trial  by  jury  in  as  many  cases 
of  minor  offenses  as  is  permissible  under  the  Constitution.  It  is  impracticable  to 
mention  all  the  cases  to  which  it  would  apply,  but  the  criterion  given  in  the 
section  will  determine  what  offenses  come  within  its  terms.  The  definition  is 
taken  from  the  decision  in  Ex  parte  Young  You  Ting,  106  Cal.  296.  The  amend- 
ment to  Section  689  has  been  proposed  in  this  connection. 


40  PROPOSED   AMENDMENTS    TO   THE 

Section  1064.     To  be  amended  to  read  as  follows: 

Sec.  1064.  When  the  panel  is  formed  from  persons  whose  names  are 
not  drawn  as  jurors,  a  challenge  may  be  taken  to  the  panel  on  account 
of  any  bias  of  the  officer  who  summoned  them,  which  would  be  a  good 
ground  of  challenge  to  a  juror.  Such  challenge  must  be  made  in  the 
same  form,  and  determined  in  the  same  manner,  as  if  made  to  a  juror; 
but  if  the  court  is  satisfied  by  the  oath  of  the  officer,  or  otherwise,  that 
his  action  has  been  fair  and  just  to  the  defendant  in  summoning  the 
jurors,  the  challenge  shall  be  disallowed. 

Section  1066  to  be  repealed. 

Note.— This  section  provides  that  the  defendant  must  he  informed  before  a 
juror  is  called,  that  if  he  intends  so  to  do,  he  must  challenge  an  individual  juror 
when  the  juror  appears  and  before  he  is  sworn. 

Section  1076.     To  be  amended  to  read  as  follows: 

Sec.  1076.  In  a  challenge  for  implied  bias,  one  or  more  of  the  causes 
stated  in  section  ten  hundred  and  seventy-four  must  be  alleged.  In  a 
challenge  for  actual  bias,  the  cause  stated  in  the  second  subdivision  of 
section  ten  hundred  and  seventy-three  must  be  alleged;  but  no  person 
shall  be  disqualified  as  a  juror  by  reason  of  having  formed  or  expressed 
an  opinion  upon  the  matter  or  cause  to  be  submitted  to  such  jury, 
founded  upon  public  rumor,  statements  in  public  journals  concerning 
the  testimony  already  given  upon  any  examination,  or  any  former  trial 
of  the  case  in  the  Superior  Court,  or  common  notoriety;  provided,  it 
appear  to  the  court,  upon  his  declaration,  under  oath  or  otherwise,  that 
he  can  and  will,  notwithstanding  such  an  opinion,  act  impartially  and 
fairly  upon  the  matters  to  be  submitted  to  him.  The  challenge  may  be 
oral,  but  must  be  entered  in  the  minutes  of  the  court,  or  of  the  phono- 
graphic reporter. 

Note.— The  amendment  renders  a  person  competent  to  act  as  a  juror,  although 
he  has  read  newspaper  accounts  of  the  testimony  at  an  examination,  or  former  trial 
of  the  case,  provided  that  the  court  is  satisfied  he  can  give  the  defendant  a  fair 
trial. 

Section  1121.     To  be  amended  to  read  as  follows: 

Sec.  1121.  After  a  juror  has,  been  sworn  to  try  the  case,  the  court 
may  dispense  with  his  further  attendance  upon  the  court  until  the  jury 
shall  have  been  completed,  but  before  being  excused,  he  must  be 
admonished  by  the  court,  that  it  is  his  duty  not  to  converse  with  any 
one  on  any  subject  connected  with  the  trial,  or  to  form  or  express  any 
opinion  thereon,  until  the  cause  is  finally  submitted  to  the  jury.  The 
jurors  sworn  to  try  an  action  may,  at  any  time  before  the  submission  of 
the  cause  to  the  jury,  in  the  discretion  of  the  court,  be  permitted  to 
separate  or  be  kept  in  charge  of  a  proper  officer.     The  officer  must  be 


PENAL   CODE.  41 

sworn  to  keep  the  jurors  together  until  the  next  meeting  of  the  court,  to 
suffer  no  person  to  speak  to  them  or  communicate  with  them,  nor  to  do 
so  himself,  on  any  subject  connected  with  the  trial,  and  to  return  them 
into  court  at  the  next  meeting  thereof. 

Note.— The  amendment  gives  the  court  the  power  to  excuse  a  juror  until  the 
jury  is  complete.  In  some  cases,  many  days  are  spent  in  obtaining  a  jury,  and 
the  attendance  of  those  already  selected  during  such  time,  is  unnecessary. 

Section  1171.     To  be  amended  to  read  as  follows: 

Sec.  1171.  Except  as  provided  in  section  eleven  hundred  and  seventy- 
seven  of  the  Code,  when  a  party  desires  to  have  the  exceptions  taken  at 
the  trial  settled  in  a  bill  of  exceptions,  the  draft  of  the  bill  must  be 
prepared  by  him  and  presented,  upon  notice  of  at  least  two  days  to  the 
District  Attorney,  to  the  judge  for  settlement  within  ten  days  after 
judgment  has  been  rendered  against  him,  unless  further  time  is  granted 
by  the  judge,  or  by  a  justice  of  the  Supreme  Court,  or  within  that  period 
the  draft  must  be  delivered  to  the  clerk  of  the  court  for  the  judge. 
When  received  by  the  clerk,  he  must  deliver  it  to  the  judge,  or  trans- 
mit it  to  him  at  the  earliest  period  practicable.  When  settled,  the  bill 
must  be  signed  by  the  judge  and  filed  with  the  clerk  of  the  court.  Unless 
presented  to  the  judge  for  his  signature  within  ten  days  after  its  settle- 
ment, or  such  further  time  as  the  judge,  or  a  justice  of  the  Supreme 
Court,  shall  grant,  the  bill  of  exceptions  shall  not  be  signed  by  the 
judge,  and  such  bill  and  the  presentation  of  the  draft  thereof  by  the 
party  desiring  its  settlement,  shall  be  disregarded. 

Note—  It  is  proposed  by  the  amendment  to  make  the  transcription  of  the  short- 
hand notes  take  the  place  of  bills  of  exceptions  in  capital  cases,  and  this  amend- 
ment, with  others  hereinafter  proposed,  is  intended  to  carry  out  that  scheme. 
The  amendment  also  requires  the  drafting  of  the  bill  of  exceptions  as  settled, 
within  ten  days  thereafter. 

Section  1177.     A  new  section  to  be  added  to  read  as  follows: 
Record  in  capital  cases. 

Sec.  1177.  In  every  case  where  the  judgment  is  of  death,  the  official 
reporter,  within  fifteen  days .  after  the  entry  thereof,  shall  make  a  full 
and  true  transcription  into  long  hand  of  all  the  evidence,  including  all 
objections,  challenges,  rulings  thereon,  and  exceptions  reserved  at  the 
trial,  and  make  affidavit  before  an  officer  authorized  to  administer  oaths, 
to  the  fullness  and  correctness  thereof,  which  affidavit  must  be  attached 
to  such  transcription  and  may  be  in  the  following  form: 

(Title  of  court  and  cause.) 
State  of  California, 

County  of ' 


,  being  first  duly  sworn,  deposes  and  says:  That  he  was  the 

official  reporter  of  the  above-entitled  court  during  the  trial  of  the  above- 


42  PROPOSED   AMENDMENTS   TO   THE 

entitled  action;  that  as  such  official  reporter,  at  the  trial  of  said  action, 
he  took  full  notes  in  shorthand  of  all  the  evidence  offered  by  the  parties 
thereat,  including  all  objections,  challenges,  rulings  thereon,  and  excep- 
tions reserved,  and  that  the  foregoing  transcription  contains  a  full  and 
correct  statement  of  all  such  matters. 

Subscribed  and  sworn  to  before  me,  this day  of ,  18 — . 

The  said  transcription,  with  the  foregoing  affidavit  attached  thereto, 
shall  be  forthwith  filed  with  the  papers  in  the  case.  Either  party  may, 
within  ten  days  after  the  receipt  of  written  notice  of  the  filing  of  the  said 
transcription,  if  dissatisfied  therewith,  move  the  court,  upon  an  affidavit 
specifying  the  particulars  in  which  it  is  claimed  such  transcription  is 
incorrect,  for  an  order  correcting  the  same.  Said  motion  shall  be  heard 
by  the  court  at  its  earliest  convenience,  and,  if  granted,  the  court  shall 
make  an  order  that  the  transcription  be  amended  and  corrected  as  in 
said  order  designated,  and  thereupon  the  clerk  shall  amend  the  said 
transcription  by  making  the  proper  changes  therein  in  accordance  with 
such  order.  If  the  motion  is  denied,  an  order  must  be  made  to  that 
effect.  If,  for  any  reason,  the  transcription  of  the  official  reporter's 
notes  as  herein  provided  is  not  filed,  a  bill  of  exceptions  may  be  pro- 
posed by  either  party  within  ten  days  after  notice  that  such  transcrip- 
tion has  not  been  filed,  and  thereafter  such  proposed  bill  may  be  settled 
and  filed,  as  provided  in  other  criminal  cases  where  the  judgment  is 
not  of  death. 

Section  1180.     To  be  amended  to  read  as  follows: 

Sec.  1180.  The  granting  of  a  new  trial  places  the  parties  in  the  same 
position  as  if  no  trial  had  been  had,  except  where  the  accused  was  charged 
with  the  commission  of  more  than  one  offense,  and  was  acquitted  on 
such  trial  as  to  any' offense  charged,  a  new  trial  shall  not  subject  him 
to  be  tried  for  the  offense  or  offenses  of  which  he  was  acquitted  at  the 
former  trial.  All  the  testimony  must  be  produced  anew,  except  as  pro- 
vided in  section  six  hundred  and  eighty-six,  and  a  former  verdict  cannot 
be  used  or  referred  to  either  in  evidence  or  in  argument. 

Note.— This  amendment  is  necessary  in  view  of  the  decision  in  People  vs.  Gordon, 
99  Cal.  227,  and  in  conformity  with  the  amendment  proposed  of  Section  686,  which 
allows  the  testimony  of  certain  witnesses  given  at  a  former  trial  to  be  offered  in 
certain  cases  from  the  shorthand  reporter's  notes,  taken  at  the  former  trial. 

Section  1205.     To  be  amended  to  read  as  follows: 

Sec.  1205.  A  judgment  that  the  defendant  pay  a  fine,  or  that  the 
defendant  be  imprisoned  and  also  pay  a  fine,  may  also  direct  that  he  be 
imprisoned  until  the  fine  be  satisfied,  but  the  judgment  must  specify  the 
extent  of  the  imprisonment,  which  must  not  exceed  one  day  for  every 
two  dollars  of  the  fine,  nor  extend  in  any  case  beyond  the  term  for 


PENAL    CODE.  43 

which  the  defendant  might  be  sentenced  to  imprisonment  for  the  offense 
of  which  he  has  been  convicted. 

Note.— The  scope  of  the  amendment  is  to  allow  the  judgment  to  be  of  both  fine 
and  imprisonment,  with  a  provision  for  imprisonment  to  satisfy  the  fine,  if  not 
paid.    See  Ex  parte  Rosenheim,  83  Cal.  388. 

Section  1206.     To  be  amended  to  read  as  follows: 

Sec.  1206.  A  judgment  rendered  by  a  Superior  Court  that  the  defend- 
ant pay  a  fine,  with  or  without  imprisonment,  constitutes  a  lien  as  to 
such  fine,  and  the  clerk  shall  docket  the  same,  in  like  manner  as  a 
judgment  for  money  rendered  in  a  civil  action. 

Section  1207.     To  be  amended  to  read  as  follows: 

Sec.  1207.  When  judgment  upon  a  conviction  is  rendered,  the  clerk 
must  enter  the  same  in  the  minutes,  stating  briefly  the  offense  for 
which  the  conviction  was  had,  and  the  fact  of  a  prior  conviction  (if  one), 
and  must,  within  five  days,  annex  together  and  file  the  following 
papers,  which  shall  constitute  the  record  of  the  action : 

1.  The  indictment  or  information  and  a  copy  of  the  minutes  of  the 
plea  or  demurrer; 

2.  A  copy  of  the  minutes  of  the  trial; 

3.  The  charges  given  or  refused,  and  the  indorsements  thereon;  and, 

4.  A  copy  of  the  judgment. 

Any  bill  of  exceptions  which  has  been  duly  settled  and  signed  by  the 
judge,  and  any  transcription  of  the  evidence  made  and  verified  by  the 
official  reporter,  as  provided  in  section  eleven  hundred  and  seventy- 
seven  of  this  Code,  shall,  when  filed,  or  if  such  transcription  be  amended 
as  provided  in  said  section  eleven  hundred  and  seventy-seven,  then  as 
amended,  become  a  part  of  such  record. 

Section  1214.     To  be  amended  to  read  as  follows: 

Sec.  1214.  If  the  judgment  is  for  a  fine  alone,  or  for  a  fine  and 
imprisonment,  execution  may  be  issued  thereon  for  the  recovery  of  such 
fine,  as  on  a  judgment  in  a  civil  action. 

Section  1217.     To  be  amended  to  read  as  follows: 

Sec.  1217.  When  judgment  of  death  is  rendered,  a  warrant  signed 
by  the  judge  and  attested  by  the  clerk,  under  the  seal  of  the  court, 
must  be  drawn  and  delivered  to  the  Sheriff.  It  must  state  the  convic- 
tion, the  judgment,  and  appoint  a  day  upon  which  the  judgment  is  to 
be  executed,  which  must  not  be  less  than  sixty,  nor  more  than  ninety, 
days  from  the  time  of  judgment,  and  must  direct  the  Sheriff,  within  ten 
days  from  the  time  of  judgment,  to  deliver  the  defendant  to  the  warden 
of  one  of  the  state  prisons  of  this  State  for  execution,  such  prison  to  be 
designated  in  the  warrant.     It  must  also  contain  a  direction  that,  if  the 


44  PROPOSED   AMENDMENTS   TO   THE 

execution  be  prevented  from  taking  place  at  the  appointed  time  by 
reason  of  an  appeal,  the  judgment  be  executed  on  the  third  Friday  of  the 
month  following  the  month  in  which  the  remittitur  from  the  Supreme 
Court,  affirming  the  judgment,  shall  be  filed  in  the  Superior  Court. 

Section  1227.     To  be  amended  to  read  as  follows: 

Sec.  1227.  If,  for  any  reason,  except  the  taking  of  an  appeal,  or  the 
pendency  thereof,  a  judgment  of  death  has  not  been  executed,  and  it 
remains  in  force,  the  court  in  which  the  conviction  is  had,  on  the 
application  of  the  District  Attorney  of  the  county  in  which  the  convic- 
tion is  had,  must  order  the  defendant  to  be  brought  before  it,  or  if  he  is 
at  large,  a  warrant  for  his  apprehension  must  be  issued.  Upon  the 
defendant  being  brought  before  the  court,  it  must  inquire  into  the  facts, 
and  if  no  legal  reasons  exist  against  the  execution  of  the  judgment,  must 
make  an  order  that  the  warden  of  the  state  prison  to  whom  the  Sheriff 
is  directed  to  deliver  the  defendant,  shall  execute  the  judgment  at  a 
specified  time.     The  warden  must  execute  the  judgment  accordingly. 

Section  1239.     To  be  amended  to  read  as  follows: 

Sec.  1239.  An  appeal  from  a  judgment  must  be  taken  within  six 
months  after  its  rendition,  and  from  an  order  within  forty  days  after  it 
is  made. 

Note.— The  present  section  allows  one  year  for  an  appeal  from  a  judgment,  and 
sixty  days  from  an  order. 

Section  1243.     To  be  amended  to  read  as  follows: 

Sec.  1243.     An  appeal  to  the  Supreme  Court,  from  a  judgment  of 

conviction,  stays  the  execution  of  the  judgment  in  all  criminal  cases. 

Note.— By  the  amendment,  an  appeal  stays  the  execution  of  a  judgment  in  all 
criminal  cases,  without  a  certificate  of  probable  cause.  In  practice,  the  Supreme 
Court  always  issues  such  certificate  when  the  trial  judge  refuses  to  grant  it.  The 
expense  of  an  application  to  a  justice  of  the  Supreme  Court  in  such  a  case  is  con- 
siderable, especially  when  the  conviction  is  had  in  a  remote  county  of  the  State. 

Section  1246.     To  be  amended  to  read  as  follows: 

Sec.  1246.  Upon  an  appeal  being  taken,  the  clerk  of  the  court  with 
whom  the  notice  of  appeal  is  filed,  must,  without  charge,  transmit  to 
the  clerk  of  the  appellate  court  fifteen  printed  copies  (one  of  which 
shall  be  certified  to  and  be  the  original)  of  the  notice  of  appeal,  of  the 
record,  of  all  bills  of  exceptions,  and  of  the  transcription  of  the  official 
reporter,  as  provided  in  section  eleven  hundred  and  seventy-seven, 
within  the  times  following: 

1.  Within  twenty  days  after  the  filing  of  the  notice  of  appeal,  if 
before  said  notice  is  filed  the  bill  of  exceptions  has  been  settled  by  the 
judge;  but  if  not,  then  within  twenty  days  from  the  settlement  of  the 
bill  of  exceptions; 


PENAL    CODE.  45 

2.  Within  twenty  days  after  the  filing  of  the  notice  of  appeal,  if  a 
transcription  of  the  evidence  by  the  official  reporter  has  been  filed  and 
the  court  has  made  an  order  correcting  or  refusing  to  correct  the  same, 
or  the  time  within  which  notice  of  motion  to  correct  the  same  may  be 
given  has  expired,  and  no  such  motion  is  pending; 

3.  Otherwise,  after  the  filing  of  such  transcription  and  within  twenty 
days  after  the  expiration  of  the  time  within  which  a  motion  may  be 
made  to  correct  such  transcription,  unless  a  motion  is  made  within  the 
time  allowed  by  law  to  correct  such  transcription,  and  then  within 
twenty  days  from  the  date  of  the  order  disposing  of  such  motion. 

Upon  receipt  of  such  printed  copies,  the  clerk  of  the  appellate  court 
must  file  the  original  and  dispose  of  the  copies  as  he  is  required  to  do 
in  case  of  transcripts  on  appeal  in  civil  cases.  All  the  services  of  such 
clerks,  as  provided  herein,  must  be  without  charge.  The  clerk  of  the 
lower  court  must  also,  within  the  time  above  specified,  serve  printed 
copies  of  the  above-named  papers,  without  charge,  upon  the  defendant's 
attorney  and  upon  the  Attorney-General.  The  printing  and  transmit- 
ting of  the  above  papers  are  a  county  charge. 

Section  1258.     To  be  amended  to  read  as  follows: 

Sec.  1258.  After  hearing  the  appeal,  the  court  must  give  judgment 
without  regard  to  technical  errors  or  defects,  or  to  exceptions  which  do 
not  affect  the  substantial  rights  of  the  parties;  and  it  shall  be  presumed 
on  appeal  that  technical  errors,  defects  or  exceptions,  do  not  affect  the 
substantial  rights  of  the  parties,  unless  the  contrary  clearly  appears  by 
the  record  on  appeal. 

Section  1305.     To  be  amended  to  read  as  follows: 

Sec.  1305.  If,  without  sufficient  excuse,  the  defendant  neglects  to 
appear  for  arraignment,  or  for  trial,  or  judgment,  or  upon  any  other 
occasion  when  his  presence  in  court  may  be  lawfully  required,  or  to  sur- 
render himself  in  execution  of  the  judgment,  the  court  must  direct  the 
fact  to  be  entered  upon  its  minutes,  and  the  undertaking  of  bail,  or  the 
money  deposited  instead  of  bail,  as  the  case  may  be,  is  thereupon 
forfeited.  But  if  at  any  time  within  twenty  days  after  such  entry  in 
the  minutes,  the  defendant  or  his  bail  appear  and  satisfactorily  excuse 
his  neglect,  the  court  may  direct  the  forfeiture  of  the  undertaking  or 
of  the  deposit  to  be  discharged  upon  such  terms  as  may  be  just. 

Note.— The  amendment  proposed  is  to  render  certain  within  what  time  the 
defendant  or  his  bail  may  excuse  his  neglect  in  failing  to  appear.  The  present 
section  provides  that  they  may  appear  "before  the  final  adjournment  of  the 
court."  The  amendments  proposed  to  the  two  sections  following  are  on  account 
of  the  same  phraseology  contained  therein. 

Section  1 306.     To  be  amended  to  read  as  follows: 
Sec.  1306.     If  the  forfeiture  is  not  discharged,  as  provided  in  the  last 
section,  the  District  Attorney  may,  at  any  time  after  twenty  days  from 


46  PROPOSED   AMENDMENTS    TO   THE 

the  entry  upon  the  minutes,  as  provided  in  the  last  section,  proceed  by 
action  against  the  bail  upon  their  undertaking. 

Section  1307.     To  be  amended  to  read  as  follows: 

Sec.  1307.  If,  by  reason  of  the  neglect  of  the  defendant  to  appear, 
money  deposited  instead  of  bail  is  forfeited,  and  if  the  forfeiture  is  not 
discharged  or  remitted,  the  clerk  with  whom  it  is  deposited  must  imme- 
diately, upon  the  expiration  of  twenty  days  from  the  entry  upon  the 
minutes,  as  provided  in  section  thirteen  hundred  and  five,  pay  over  the 
money  so  deposited  to  the  County  Treasurer. 

Section  1475.     To  be  amended  to  read  as  follows: 
Sec.  1475.     The  writ  of  habeas  corpus  may  be  granted: 

1.  By  the  Supreme  Court,  or  any  justice  thereof,  upon  petition  by  or 
on  behalf  of  any  person  restrained  of  his  liberty  in  this  State.  When  so 
issued,  it  may  be  made  returnable  before  the  court,  or  any  justice  thereof, 
or  before  any  Superior  Court,  or  any  judge  thereof; 

2.  By  the  Superior  Court,  or  a  judge  thereof,  upon  petition  by  or  on 
behalf  of  any  person  restrained  of  his  liberty,  in  their  respective  counties; 
but  where  a  person  is  restrained  of  his  liberty,  under  an  order  made,  or 
a  judgment  rendered,  by  any  such  judge,  the  writ  must  be  made  return- 
able before  such  judge,  unless  the  Supreme  Court,  or  a  justice  thereof, 
shall  otherwise  direct. 

Section  1567.     To  be  amended  to  read  as  follows: 

Sec.  1567.  When  it  is  necessary  to  have  a  person  imprisoned  in  the 
state  prison  brought  before  any  court,  or  a  person  imprisoned  in  the 
county  jail  brought  before  a  court  sitting  in  another  county,  an  order 
for  that  purpose  must  be  made  by  the  court,  and  executed  by  the  Sheriff 
of  the  county  where  it  is  made. 


CIVIL   CODE.  47 


PROPOSED  AMENDMENTS  TO  THE 

CIVIL  CODE. 


Section  8.     To  be  repealed. 

Note.— The  provisions  of  this  section  are  included  in  Section  7. 

Section  9.     To  be  amended  to  read  as  follows: 

Sec.  9.  All  other  days  than  those  mentioned  in  the  preceding  sec- 
tion, are  to  be  deemed  business  days  for  all  purposes. 

Section  35.     To  be  amended  to  read  as  follows: 

Sec.  35.  In  all  cases  other  than  those  specified  in  sections  thirty- 
six  and  thirty-seven,  the  contract  of  a  minor,  if  made  whilst  he  is 
under  the  age  of  eighteen  years,  may  be  disaffirmed  by  the  minor  him- 
self, either  before  his  majority  or  within  a  reasonable  time  afterwards, 
not  exceeding  three  years;  or,  in  case  of  his  death,  within  that  period,  by 
his  heirs  or  personal  representatives;  and  if  the  contract  be  made  by 
the  minor,  whilst  he  is  over  the  age  of  eighteen  years,  it  may  be  dis- 
affirmed in  like  manner  upon  restoring  the  consideration  to  the  party 
from  whom  it  was  received,  or  by  paying  its  equivalent. 

Note. — The  amendment  places  a  limit  of  three  years  upon  what  shall  be 
deemed  a  reasonable  time  for  disaffirmance  of  a  minor's  contract,  after  attaining 
majority. 

Section  105.     To  be  amended  to  read  as  follows: 

Sec.  105.  Willful  neglect  is  the  neglect  of  the  husband  to  provide 
for  his  wife  the  common  necessaries  of  life,  he  having  the  ability  to  do 
so;  or  it  is  the  failure  to  do  so  by  reason  of  idleness,  profligacy,  or  dis- 
sipation. In  no  case  shall  the  fact  that  the  wife  earns  her  own  living, 
affect  the  question  of  willful  neglect  on  the  part  of  the  husband. 

Note.— The  case  of  Ry  craft  vs.  Rycraft,  42  Cal.  444,  following  Washburn  vs.  Wash- 
burn, 9  Cal.  475,  establishes  the  rule  that  if  the  wife's  earnings  are  sufficient  to 
provide  her  with  the  common  necessaries  of  life,  no  divorce  can  be  granted  her 
under  either  of  the  two  classes  of  conduct  constituting  willful  neglect  under  this 
section.  The  result  of  the  rule  is  that  a  wife  who  voluntarily  remains  in  idleness, 
throwing  herself  upon  the  charity  of  friends  or  relatives  for  the  common  neces- 
saries of  life,  can  obtain  a  divorce  from  the  husband  who  will  not  provide  such 
necessaries,  while  the  wife  who  supports  herself  by  honest  labor  can  not  legally 
complain. 


48  PROPOSED   AMENDMENTS    TO   THE 

Section  106.     To  be  amended  to  read  as  follows: 

Sec.  106.  Habitual  intemperance  is  that  degree  of  intemperance  from 
the  use  of  intoxicating  drinks,  morphine,  chloral,  or  other  narcotic 
drugs,  which  disqualifies  a  person  a  great  portion  of  the  time  from  prop- 
erly attending  to  business,  or  which  would  reasonably  inflict  a  course  of 
great  mental  anguish  upon  an  innocent  party. 

Section  123.     To  be  amended  to  read  as  follows: 

Sec.  123.  Condonation  of  a  cause  of  divorce,  shown  in  the  answer  as 
a  recriminatory  defense,  is  a  bar  to  such  defense,  unless  the  condona- 
tion be  revoked,  as  provided  in  section  one  hundred  and  twenty-one  of 
this  Code,  or  within  two  years  after  such  condonation,  or  unless  the 
cause  of  divorce  against  which  the  recrimination  shall  be  shown  shall 
not  have  accrued  or  become  complete  within  two  years  after  such  con- 
donation. 

Note. — The  amendment  renders  clear  the  rule  that  condonation  unrevoked  for 
two  years,  without  the  commission  of  acts  by  the  condonee,  during  such  time, 
amounting  to  a  cause  of  divorce,  completely  obliterates  the  condoned  matrimonial 
offense. 

Section  144.     To  be  repealed. 

Section  165.     To  be  amended  to  read  as  follows: 

Sec.  165.  A  full  and  complete  inventory  of  the  separate  personal 
property  of  the  wife  may  be  made  out  and  signed  by  her,  acknowledged 
or  proved  in  the  manner  required  by  law  for  the  acknowledgment  or 
proof  of  a  grant  of  real  property  by  an  unmarried  woman,  and  recorded 
in  the  office  of  the  Recorder  of  the  county  in  which  the  parties  reside; 
and  such  making  and  recording  shall  be  equivalent  to  the  immediate 
delivery  and  actual  and  continued  change  of  possession  of  the  personal 
property  transferred,  as  required  by  section  thirty-four  hundred  and 
forty  of  this  Code,  in  transfers  of  personal  property  from  husband  to 
wife,  where  such  personal  property  continues  to  be  used  in  common  by 
the  spouses. 

Note.— This  amendment  makes  the  recording  of  the  inventory  of  the  wife's 
separate  property  equivalent  to  the  immediate  delivery,  and  actual  and  continued 
change  of  possession,  required  by  Section  3440,  in  transfers  of  personal  property, 
when  such  transfer  is  made  by  the  husband  to  the  wife  of  property  used  in  common 
by  them.  The  amendment  is  desirable  in  view  of  the  fact  that  thereunder,  when 
personal  property  in  the  possession  of  the  husband  is  given  to  the  wife,  and  they 
continue  to  use  the  same  together,  the  rights  of  creditors  will  be  better  protected 
than  they  are  now.  In  Morgan  vs.  Ball,  81  Cal.  93,  the  transfer  of  a  horse  and 
buggy  from  husband  to  wife,  accompanied  with  no  change  of  possession,  and  no 
circumstance  to  inform  the  creditors  of  such  change  of  possession,  other  than  the 
fact  that  after  such  transfer  the  personal  property  was  considered  in  the  neighbor- 
hood as  belonging  to  the  wife,  was  sustained.  Ordinarily,  a  gift  of  personal  prop- 
erty by  husband  to  wife,  which  they  use  in  common,  is  not  accompanied  by  any 
change  in  the  possession  thereof,  and  it  is  desirable  to  provide  some  means  whereby 
intending  creditors  can  readily  determine  whether  such  a  gift  has  been  made. 
The  recording  of  the  inventory  will  accomplish  this  result. 


CIVIL   CODE.  49 

Section  169.     To  be  amended  to  read  as  follows: 

Sec.  169.  The  earnings  and  accumulations  of  the  wife,  and  of  her 
minor  children  living  with  her,  or  in  her  custody,  while  she  is  living 
separate  from  her  husband,  by  agreement,  or  on  account  of  any  conduct 
of  his  constituting,  or  which,  if  continued,  would  constitute,  a  cause  of 
divorce,  are  the  separate  property  of  the  wife. 

Note.— The  present  section  makes  the  wife's  earnings,  when  living  apart  from 
her  husband  without  any  fault  of  his,  her  separate  property.  At  the  same  time, 
the  accumulations  of  the  husband  are  community  property,  although  the  wife 
may  have  deserted  him.  It  also  offers  an  inducement  to  the  wife  to  abandon  her 
husband,  as  her  earnings  then  become  her  separate  property. 

Section  172.     To  be  amended  to  read  as  follows: 

Sec.  172.  The  husband  has  the  management  and  control  of  the  com- 
munity property,  with  the  like  absolute  power  of  disposition,  other  than 
testamentary,  as  he  has  of  his  separate  property;  except  that  any  gift  of 
the  community  property,  or  any  part  thereof,  made  by  him  with  a  fraud- 
ulent intent  to  deprive  the  wife  of  her  rights  therein,  is  void. 

Note.— The  effect  of  the  amendment  of  1891,  restricting  the  making  of  gifts  by 
the  husband  of  community  property,  has  been  to  require  the  joining  of  the  wife  in 
all  deeds  of  the  husband,  where  made  for  a  valuable  consideration  and  affecting 
his  separate  property.  The  amendment  will  obviate  this  necessity,  and,  at  the 
same  time,  protect  the  interests  of  the  wife. 

Section  203.     To  be  amended  to  read  as  follows: 

Sec.  203.  The  abuse  of  parental  authority  is  the  subject  of  judicial 
cognizance  in  a  civil  action  brought  by  the  child,  or  by  his  relatives 
within  the  third  degree,  or  by  the  supervisors  of  the  county  where  the 
child  resides;  and  when  the  abuse  is  established,  the  child  may  be  freed 
from  the  dominion  of  the  parent,  and  the  duty  of  support  and  educa- 
tion enforced.  In  such  action  the  court  shall  have  power  to  make  all 
such  provisional  orders  as  may  be  necessary  to  protect  the  interests,  or 
insure  the  safety,  of  the  child,  including  an  order  placing  the  child  in  the 
custody  of  a  person  other  than  the  parent  until  the  suit  is  determined. 

Note.— By  this  amendment,  the  power  of  the  court  is  made  clear  to  take  the 
child  from  the  custody  of  the  parent,  pending  the  determination  of  the  suit.  By 
the  amendment  and  that  proposed  to  Section  1747  of  the  Code  of  Civil  Procedure, 
all  proceedings  to  determine  the  right  of  the  parent  to  the  custody  of  the  child 
must  be  by  action  under  this  section.  Under  Section  1747  of  the  Code  of  Civil  Pro- 
cedure as  proposed  to  be  amended,  the  court  has  the  power,  in  a  summary  man- 
ner, to  appoint  a  guardian  of  the  estate  of  a  minor  when  deemed  expedient,  but 
not  to  deprive  a  parent  of  his  custody. 

Section  230.     To  be  amended  to  read  as  follows: 

Sec.  230.  The  father  of  an  illegitimate  child,  by  publicly  acknowl- 
edging it  as  his  own,  receiving  it  as  such,  with  the  consent  of  his  wife, 
if  he  is  married,  into  his  family,  and  otherwise  treating  it  as  if  it  were 
a  legitimate  child,  thereby  adopts  it  as  such  for  all  purposes  except 
4-c 


50  PROPOSED   AMENDMENTS    TO   THE 

succession,  and  such  child  is  thereupon  deemed,  for  all  other  purposes 
legitimate  from  the  time  of  its  birth.  The  foregoing  provisions  of  this 
chapter  do  not  apply  to  such  an  adoption. 

Note.— The  effect  of  this  amendment  is  that  an  illegitimate  child  cannot  take  by- 
succession  from  his  father  unless  he  is  adopted  by  judicial  decree,  or  in  accord- 
ance with  Section  1387  of  the  Civil  Code. 

Section  264.     To  be  amended  to  read  as  follows: 

Sec.  264.  Every  minor  of  the  age  of  fourteen  years  and  over,  with 
the  consent  of  the  persons  or  officers  hereinafter  mentioned,  may,  of  his 
own  free  will,  bind  himself,  in  writing,  to  serve  as  clerk,  apprentice,  or 
servant,  in  any  profession,  trade,  or  employment;  and  such  binding  shall 
be  as  valid  and  effectual  as  if  such  minor  was  of  full  age  at  the  time  of 
making  the  engagement,  except  as  hereinafter  in  this  title  provided. 

Section  265.     To  be  amended  to  read  as  follows: 
Sec.  265.     Such  consent  shall  be  given: 

1.  By  the  father  of  the  minor.  If  he  be  dead,  or  be  not  of  legal 
capacity  to  give  his  consent,  or  if  he  shall  have  adandoned  his  family 
for  one  year,  without  making  provision  for  their  support,  or  if  he  shall 
have  become  an  habitual  drunkard,  or  vagrant;  then, 

2.  By  the  mother.  •  If  the  mother  be  dead,  or  be  not  of  legal  capacity 
to  give  such  consent  or  refusal;  then, 

3.  By  the  guardian  of  such  minor.  If  such  minor  have  no  parent 
living,  or  none  in  a  legal  capacity  to  give  such  consent,  and  there  be  no 
guardian;  then, 

4.  By  a  judge  of  the  Superior  Court  of  the  county  in  which  such 
minor  resides;  provided,  that  if  the  child  be  an  illegitimate  child,  the 
consent  of  the  mother  alone  shall  be  necessary;  provided  further,  that 
the  power  of  the  mother  to  bind  her  child,  whether  legitimate  or  illegiti- 
mate, shall  cease  upon  her  subsequent  marriage,  and  shall  not  be  exer- 
cised by  her  or  her  husband  at  any  time  during  her  marriage,  without 
the  approval  of  a  judge  of  the  Superior  Court  of  the  county  wherein  he 
or  she  resides;  and  such  consent  shall  be  signified  in  writing,  by  the 
person  entitled  to  give  the  same,  by  certificate  at  the  end  of,  or  indorsed 
upon,  the  indentures. 

Section  266.    To  be  amended  to  read  as  follows: 

Sec.  266.  If  the  right  of  consent  of  a  mother  to  apprenticeship, 
because  of  the  husband's  incompetency,  abandonment  of  his  family, 
habitual  drunkenness,  or  vagrancy,  as  provided  in  the  preceding  sec- 
tion, shall  be  disputed  by  the  father,  upon  such  dispute  being  brought 
to  the  attention  of  the  Superior  Court  by  petition  of  the  father,  it  shall 
be  the  duty  of  the  Superior  Court  to  summarily  try  the  question.  If 
the  court  find  that  the  mother  had  a  right  to  give  such  consent,  the 


CIVIL    CODE.  51 

father  shall  pay  all  the  costs  of  the  proceeding;  but  if  the  court  find 
otherwise,  the  indenture  of  apprenticeship  is  void. 

Section  268.     To  be  amended  to  read  as  follows: 
Superior  Court  may  bind  in  certain  cases. 

Sec.  268.  When  any  minor  who  is  poor,  homeless,  chargeable  to  the 
■county,  or  an  outcast,  has  no  visible  means  of  obtaining  an  honest  live- 
lihood, the  Superior  Court  of  the  county  where  he  is  found  shall  have 
power  to  bind  him  as  an  apprentice,  subject  to  the  provisions  of  this 
title,  until,  if  a  male,  he  arrives  at  the  age  of  twenty-one  years,  and  if  a 
female,  she  arrives  at  the  age  of  eighteen  years. 

Section  269.     To  be  amended  to  read  as  follows: 
Indentures,  what  to  contain. 

Sec.  269.  Indentures  shall  be  signed,  sealed,  and  delivered,  in  dupli- 
cate, in  the  presence  of  all  of  the  parties  concerned;  and  when  made  with 
the  approbation  of  the  Superior  Court,  such  approbation  shall  be  certified 
in  writing,  indorsed  upon  each  copy  of  the  indenture.  One  copy  of  the 
indenture  shall  be  kept  for  the  use  of  the  minor  by  his  parent  or  guardian 
(when  consented  to  by  them  respectively),  but  when  made  with  the 
approbation  of  the  Superior  Court,  one  copy  shall  be  deposited  in  the 
safe-keeping  of  the  clerk  of  said  court  for  the  use  of  the  minor.  The 
other  copy  shall  be  held  by  the  master,  and  delivered  up  to  the  minor 
at  the  expiration  of  his  term  of  service. 

Section  271.     To  be  amended  to  read  as  follows: 
Indentures,  conditions  in. 

Sec.  271.  Every  sum  of  money  paid  or  agreed  for,  with  or  in  relation 
to  the  binding  out  of  any  clerk,  apprentice,  or  servant,  shall  be  inserted 
in  the  indentures;  and  all  considerations  of  clothes  or  money  paid  or 
allowed  by  the  master,  are  the  sole  property  of  the  apprentice,  and  the 
master  is  accountable  to  him  for  the  same,  and  shall  pay  and  account 
to  the  apprentice  alone  therefor. 

Section  272.     To  be  amended  to  read  as  follows: 
Indentures  to  contain  the  obligations  of  master. 

Sec.  272.  The  indentures  shall  contain  the  age  of  the  apprentice, 
and  an  agreement  on  the  part  of  the  person  to  whom  such  child  is 
bound  that  he  will  cause  such  child  to  be  instructed  to  read  and  write, 
and  to  be  taught  the  general  rules  of  arithmetic,  and  in  lieu  thereof 
that  he  will  send  such  child  to  school  for  at  least  three  months  of  each 
year  during  the  period  of  his  apprenticeship;  and  in  all  indentures 
approved  by  the  Superior  Court  for  binding  out  an  orphan,  or  homeless 
minor,  as  an  apprentice,  there  shall  be  inserted  among  other  covenants, 


52  PROPOSED    AMENDMENTS   TO   THE 

and  in  addition  to  those  provided  for  in  this  title,  that  the  master  to 
whom  such  minor  shall  be  bound  shall  give  him  requisite  instructions 
in  the  different  branches  of  his  trade  or  calling,  and  at  the  expiration 
of  the  term  of  service  shall  give  him  one  hundred  dollars  in  gold  coin,, 
and  suitable  clothing  in  value  not  less  than  fifty  dollars  gold  coin. 

Section  273.     To  be  amended  to  read  as  follows: 

Treatment  of  apprentices. 

Sec.  273.  It  shall  be  unlawful  for  any  master  to  remove  an  appren- 
tice out  of  this  State,  and  it  shall  be  the  duty  of  the  master  to  treat  the 
apprentice  with  fairness.  The  Superior  Court  shall  hear  the  complaints 
of  apprentices  who  reside  within  the  county,  alleging  undeserved  or 
immoderate  correction,  insufficient  allowance  of  food,  raiment,  or  lodg- 
ing, or  alleging  want  of  instruction  in  the  different  branches  of  their 
trade  or  calling,  or  that  they  are  in  danger  of  being  removed  out  of  the 
State,  or  any  violation  of  the  indenture  of  apprenticeship;  and  the  court 
may  hear  and  determine  such  cases,  and  make  such  order  therein  as 
will  relieve  the  party  in  the  future. 

Section  277.     A  new  section  to  be  added  to  read  as  follows: 
Discharge  of  apprentices. 

Sec.  277.  No  indenture  of  apprenticeship,  made  in  pursuance  of  this 
title,  shall  bind  the  minor  after  the  death  of  the  master;  but  the 
apprenticeship  shall  be  thenceforth  discharged,  and  the  minor  may  be 
bound  out  anew. 

Section  278.     A  new  section  to  be  added  to  read  as  follows: 
Court  may  discharge  apprentice. 

Sec.  278.  The  Superior  Court  shall  have  power,  where  circumstances 
require  it,  to  discharge  an  apprentice  from  his  apprenticeship,  and  in 
case  any  money,  or  other  thing,  has  been  paid  or  contracted  to  be  paid 
by  either  party  in  relation  to  such  apprenticeship,  the  court  shall  make 
such  order  concerning  the  same  as  shall  seem  just  and  reasonable. 
Whenever  any  master  of  an  apprentice  shall  wish  to  remove  out  of 
this  State,  or  to  quit  his  trade  or  business,  he  shall  appear  with  his 
apprentice  before  the  Superior  Court  of  the  proper  county,  and  if  the 
court  be  satisfied  that  the  master  has  done  justice  to  the  said  appren- 
tice for  the  time  he  has  had  charge  of  the  same,  the  court  shall  have 
power  to  discharge  the  apprentice  from  the  service  of  such  master. 

Section  279.     A  new  section  to  be  added  to  read  as  follows: 
Liability  of  master. 

Sec.  279.  Every  master  shall  be  liable  to  an  action  on  the  indenture 
for  the  breach  of  any  covenant  on  his  part  therein  contained;  and  all 


CIVIL    CODE.  53 

damages  recovered  therein,  after  deducting  the  necessary  charges  in 
prosecuting  the  same,  shall  be  the  property  of  the  minor,  and  shall  be 
applied  and  appropriated  to  his  use  by  the  person  who  shall  recover  the 
same,  and  shall  be  paid  to  the  minor  upon  his  reaching  majority;  and 
if  such  action  is  not  brought  during  the  minority  of  such  minor,  it  may 
be  commenced  in  his  own  name  at  any  time  within  two  years  after 
coming  of  age. 

Section  280.     A  new  section  to  be  added  to  read  as  follows: 
Action  against  apprentice  for  neglect. 

Sec.  280.  An  apprentice  who  shall  be  guilty  of  gross  misbehavior,  or 
refusal  to  do  his  duty,  or  willful  neglect  thereof,  shall  render  himself 
liable  to  the  complaint  of  the  master  in  the  Superior  Court  of  the  county 
wherein  he  resides,  which  complaint  shall  set  forth  the  circumstances 
of  the  case,  and  contain  a  prayer  that  the  master  be  discharged  from 
the  indenture  of  apprenticeship,  and  for  the  costs  of  suit;  and  the  court 
shall  hear  and  determine  the  case,  and  may  render  judgment  that  the 
master  be  discharged  from  the  indenture  of  apprenticeship,  and  for  the 
•costs  of  suit.  An  execution  thereupon  may  be  issued  against  the  minor, 
and  the  amount  thereof  may  be  recovered  in  an  action  brought  against 
Jiim  after  he  has  reached  his  majority. 

Note.— The  provisions  of  the  Act  of  April  3,  1876,  are  inconsistent  with  nearly- 
all  of  the  Code  provisions  upon  the  subject  of  "Master  and  Servant."  Notwith- 
standing their  virtual  repeal,  the  Legislature,  in  1880,  amended  the  Code  sections 
in  several  particulars,  leaving  the  law  on  this  subject  in  a  very  indefinite  condi- 
tion. The  above  amendments,  commencing  with  Section  264,  aim  to  incorporate 
all  the  provisions  of  that  Act  into  the  Code,  retaining  the  unrepealed  sections  of 
the  Code  consistent  therewith. 

Section  291.     To  be  amended  to  read  as  follows  : 
Sec.  291.     The  articles  of  incorporation  of  any  railroad,  wagon-road, 
telegraph,  or  telephone  organization,  must  also  state: 

1.  The  kind  of  road,  or  telegraph,  or  telephone,  intended  to  be  con- 
structed; 

2.  The  place  from  and  to  which  it  is  intended  to  be  run,  and  all  the 
intermediate  branches; 

3.  The  estimated  length  of  the  road,  or  telegraph,  or  telephone  line; 

4.  That  at  least  ten  per  cent  of  the  capital  stock  subscribed  has  been 
paid  in  to  the  treasurer  of  the  intended  corporation. 

Section  293.     To  be  amended  to  read  as  follows: 

Sec.  293.  Each  intended  corporation  named  in  section  two  hundred 
and  ninety-one,  before  filing  articles  of  incorporation,  must  have  actually 
subscribed  to  its  capital  stock,  for  each  mile  of  the  contemplated  work, 
the  following  amounts,  to  wit: 


54  PROPOSED   AMENDMENTS   TO   THE 

1.  One  thousand  dollars  per  mile  of  railroad; 

2.  One  hundred  dollars  per  mile  of  telegraph  or  telephone  lines; 

3.  Three  hundred  dollars  per  mile  of  wagon-roads. 

Section  299.    To  be  amended  to  read  as  follows: 

Sec.  299.  No  corporation  hereafter  formed  shall  purchase,  locate,  or 
hold  property  in  any  county  of  this  State  (except  in  the  county  where 
its  articles  of  incorporation  have  been  filed),  without  filing  a  copy  of 
the  copy  of  its  articles  of  incorporation  filed  in  the  office  of  the  Secre- 
tary of  State,  duly  certified  by  such  Secretary  of  State,  in  the  office  of 
the  County  Clerk  of  the  county  in  which  such  property  is  situated, 
within  sixty  days  after  such  purchase  or  location  is  made.  Every  cor- 
poration now  in  existence,  whether  formed  under  the  provisions  of  this 
Code  or  not,  must,  within  ninety  days  after  the  passage  of  this  section, 
file  such  certified  copy  of  the  copy  of  its  articles  of  incorporation  in  the 
office  of  the  County  Clerk  of  every  county  in  this  State  in  which  it  holds 
property  (except  the  county  where  the  original  articles  of  incorporation 
are  filed);  and  if  any  corporation  hereafter  acquires  any  property  in 
any  county  other  than  that  in  which  it  now  holds  property,  it  must, 
within  ninety  days  thereafter,  file  with  the  Clerk  of  such  county  such 
certified  copy  of  the  copy  of  its  articles  of  incorporation.  The  copies  so 
filed  with  the  several  County  Clerks,  and  certified  copies  thereof,  shall 
have  the  same  force  and  effect  in  evidence  as  would  the  originals.  Any 
corporation  failing  to  comply  with  the  provisions  of  this  section  shall 
not  maintain  or  defend  any  action  or  proceeding  in  relation  to  such 
property,  its  rents,  issues,  or  profits,  until  such  articles  of  incorporation,, 
and  such  certified  copy  of  its  articles  of  incorporation,  and  such  certified 
copy  of  the  copy  of  its  articles  of  incorporation,  shall  be  filed  at  the 
places  directed  by  the  general  law  and  this  section;  provided,  that  all 
corporations  shall  be  liable  in  damages  for  any  and  all  loss  that  may 
arise  by  the  failure  of  such  corporation  to  perform  any  of  the  foregoing 
duties  within  the  time  mentioned  in  this  section;  and  provided  further r 
that  the  said  damages  may  be  recovered  in  any  action  brought  in  any 
court  of  this  State  of  competent  jurisdiction,  by  any  party  or  parties 
suffering  the  same. 

Note.— The  amendment  obviates  the  necessity,  under  the  present  section,  of 
filing  a  copy  of  the  copy  of  the  articles  of  incorporation  with  the  County  Clerk 
of  the  county  where  the  original  articles  are  filed,  when  the  corporation  desires  to 
acquire  property  in  that  county. 

Section  301.     To  be  amended  to  read  as  follows: 

Sec.  301.  Every  corporation  formed  under  this  title  must,  within  one 
month  after  filing  articles  of  incorporation,  adopt  a  code  of  by-laws  for 
its  government,  not  inconsistent  with  the  constitution  and  laws  of  this 
State,  nor  unreasonable  in   their  practicable   operation.     The  assent 


CIVIL   CODE.  55 

of  stockholders  representing  a  majority  of  all  the  subscribed  capital 
stock,  or  of  a  majority  of  the  members,  tf  there  be  no  capital  stock, 
is  necessary  to  adopt  by-laws,  if  they  are  adopted  at  a  meeting  called 
for  that  purpose;  and  in  the  event  of  such  meeting  being  called,  two 
weeks'  notice  of  the  same,  by  advertisement  in  some  newspaper  pub- 
lished in  the  county  in  which  the  principal  place  of  business  of  the  cor- 
poration is  located,  or,  if  none  is  published  therein,  then  in  a  paper 
published  in  an  adjoining  county,  must  be  given  by  order  of  the  acting 
president.  The  written  assent  of  the  holders  of  two  thirds  of  the  stock, 
or  of  two  thirds  of  the  members,  if  there  be  no  capital  stock,  shall  be 
effectual  to  adopt  a  code  of  by-laws  without  a  meeting  for  that  purpose. 

Note.— This  amendment  requires  the  by-laws  to  be  reasonable  in  their  practical 
operation,  in  addition  to  the  present  requirement  of  the  Code  that  they  shall  be 
consistent  with  the  constitution  and  laws  of  this  State.  {People  vs.  Home  Savings 
Bank,  104  Cal.  649.) 

Section  303.     To  be  amended  to  read  as  follows: 
Sec.  303.     A  corporation  may,  by  its  by-laws,  where  no  other  pro- 
vision is  specially  made,  provide  for — 

1.  The  time,  place,  and  manner  of  calling  and  conducting  its  meet- 
ings; 

2.  The  number  of  stockholders  or  members  constituting  a  quorum; 

3.  The  mode  of  voting  by  proxy; 

4.  The  time  of  the  annual  election  for  directors,  and  the  manner  of 
giving  notice  thereof; 

5.  Compensation  and  duties  of  officers; 

6.  The  number,  designation,  manner  of  election,  and  the  tenure  of 
office  of  all  officers  other  than  the  directors: 

7.  Suitable  penalties  for  violation  of  by-laws,  not  exceeding,  in  any 
case,  one  hundred  dollars  for  any  one  offense; 

8.  The  time  of  regular  meetings  of  directors  and  the  mode  of  calling 
special  meetings  of  directors; 

9.  The  issuance  of  certificates  for  stock  prior  to  full  payment,  under 
such  restriction  and  for  such  purposes  as  may  be  proper;  and  the  dis- 
position of  the  stock  of  the  corporation  which  may  be  purchased  by  it 
at  sales  to  pay  delinquent  assessments; 

10.  The  newspaper  in  which  all  notices  of  the  meetings  of  stock- 
holders or  board  of  directors,  notice  of  which  is  required  shall  be  pub- 
lished, which  must  be  some  newspaper  published  in  the  county  where 
the  principal  place  of  business  of  the  corporation  is  located,  or  if  none 
is  published  therein,  then  in  a  newspaper  published  in  an  adjoining 
county;  provided,  that  when  the  by-laws  prescribe  the  newspaper  in 
which  said  publication  shall  be  made,  if  from  any  cause  at  the  time 
any  publication  is  desired  to  be  made,  the  publication  of  such  news- 
paper shall  have  ceased,  the  board  of  directors  may,  by  an  order  entered 


56  PROPOSED   AMENDMENTS   TO   THE 

on  the  records  of  the  corporation,  direct  the  publication  to  be  made  in 
some  other  newspaper  published  in  the  county,  or  if  none  is  published 
therein,  then  in  an  adjoining  county. 

Note.— The  effect  of  this  amendment  is  to  gather  into  one  section  the  different 
matters  which  may  be  ordinarily  provided  for  in  the  by-laws  of  a  corporation. 

Sections  317  and  318  to  be  incorporated  into  one  section  to  be  num- 
bered 317,  to  read  as  follows: 
Meeting  by  consent,  and  proceedings  thereat,  to  be  binding. 

Sec.  317.  When  all  the  stockholders  or  members  of  a  corporation 
are  present  at  any  meeting,  however  called  or  notified,  and  sign  a  written 
consent  thereto  on  the  record  of  such  meeting,  the  acts  and  proceedings 
of  such  meeting  are  as  valid  as  if  had  at  a  meeting  regularly  called  and 
noticed.  The  stockholders  or  members  of  such  corporation,  when  so 
assembled,  may  elect  officers,  fill  all  vacancies  then  existing,  and  may 
act  upon  such  other  business  as  might  lawfully  be  presented  at  regular 
meetings. 

Section  319.     To  be  numbered  318. 

Section  320.     To  be  numbered  319. 

The  present  two  sections  numbered  321  to  be  repealed. 

Section  320.     A  new  section  to  be  added  to  read  as  follows: 
Boohs  and  notice  of  directors  and  stockholders  of  banks. 

Sec.  320.  Every  corporation  doing  a  banking  business  in  this  State 
must  keep  in  its  office,  in  a  place  accessible  to  the  stockholders,  depos- 
itors, and  creditors  thereof,  and  for  their  use,  a  book  containing  a  list 
of  all  stockholders  in  such  corporation,  and  the  number  of  shares  of 
stock  held  by  each;  and  every  such  corporation  must  keep  posted  in  its 
office,  in  a  conspicuous  place,  accessible  to  the  public  generally,  a  notice 
signed  by  the  president  or  secretary,  showing: 

1.  The  names  of  the  directors  of  such  corporation; 

2.  The  number  and  value  of  shares  of  stock  held  by  each  director. 
The  entries  on  such  book  and  such  notice  shall  be  made  and  posted 

within  twenty-four  hours  after  any  transfer  of  stock,  and  shall  be  con- 
clusive evidence  against  each  director  and  stockholder  of  the  number  of 
shares  of  stock  held  by  each.  The  provisions  of  this  section  shall  apply 
to  all  banking  corporations  formed  or  existing  before  twelve  o'clock 
noon  of  the  day  on  which  this  Code  took  effect,  as  well  as  to  those  formed 
after  such  time. 


CIVIL   CODE.  57 

Section  321.     A  new  section  to  be  added  to  read  as  follows: 
-Change  of  principal  place  of  business. 

Sec.  321.  Every  corporation  that  has  been,  or  may  be,  created  under 
the  general  laws  of  this  State,  may  change  its  principal  place  of  busi- 
ness from  one  place  to  another  in  the  same  county,  from  one  city  or 
county  to  another  city  or  county,  within  this  State.  Before  such  change 
is  made,  the  consent,  in  writing,  of  the  holders  of  two  thirds  of  the  cap- 
ital stock,  or  a  majority  of  the  members,  if  there  be  no  capital  stock, 
must  be  obtained  and  filed  in  the  office  of  the  corporation.  When  such 
consent  is  obtained  and  filed,  notice  of  the  intended  removal  or  change 
must  be  published  at  least  once  a  week  for  three  successive  weeks  in 
some  newspaper  published  in  the  county  wherein  said  principal  place  of 
business  is  situated,  if  there  is  one  published  therein,  if  not,  in  a  news- 
paper of  an  adjoining  county,  giving  the  name  of  the  county  or  city 
where  it  is  situated,  and  that  to  which  it  is  intended  to  remove  it. 

Note.— The  amendments  proposed  to  Section  317  and  the  above  consist  merely 
in  consolidating  Sections  317  and  318,  so  as  to  leave  room  in  the  chapter  for  separate 
numbers  for  the  two  Sections  321,  passed  in  1876,  and  a  change  in  the  second  Sec- 
tion 321,  requiring  the  consent  of  a  majority  of  the  members  to  the  change  of  the 
principal  place  of  business  of  corporations,  where  there  is  no  capital  stock. 

Section  323.     To  be  amended  to  read  as  follows: 

Sec.  323.  All  corporations  for  profit  must  issue  certificates  for  stock 
when  fully  paid  up,  signed  by  the  president  and  secretary,  and  must 
issue  such  certificates  when  not  fully  paid  up  under  such  restriction  and 
for  such  purposes  as  their  by-laws  may  provide. 

Note. — This  amendment  removes  from  the  section  the  provision  that  the  by-laws 
may  provide  for  the  issuance  of  certificates  prior  to  full  payment,  as  that  provision 
is  incorporated  in  Section  303  by  the  proposed  amendment  thereto. 

Section  342.     To  be  amended  to  read  as  follows: 

Sec.  342.  The  person  offering  at  such  sale  to  pay  the  assessment  and 
costs  for  the  smallest  number  of  shares  or  fraction  of  a  share  is  the 
highest  bidder,  and  the  stock  purchased  must  be  transferred  to  him  on 
the  stock-books  of  the  corporation,  and  a  certificate  issued  to  him 
thereof  on  payment  of  the  assessment  and  costs.  A  certificate  of  any 
shares  unsold  of  a  certificate  offered  for  sale  shall  be  issued  to  the 
person  whose  stock  has  been  offered  for  sale,  and  thereupon  the  secretary 
shall  cancel  the  former  certificate  by  proper  and  appropriate  entries  in 
the  records  of  the  corporation. 

Section  349.     To  be  amended  to  read  as  follows: 

Sec.  349.  On  the  day  specified  for  declaring  the  stock  delinquent,  or 
at  any  time  subsequent  thereto,  and  before  the  sale  of  the  delinquent 
stock,  the  board  of  directors  may  elect  to  waive  further  proceedings 


58  PROPOSED   AMENDMENTS   TO   THE 

under  this  chapter  for  the  collection  of  delinquent  assessments,  or  any 
part  or  portion  thereof,  and  may  elect  to  proceed  by  action  to  recover 
the  amount  of  the  assessment  and  the  costs  and  expenses  already 
incurred,  or  any  part  or  portion  thereof;  but  the  provisions  of  this 
section  shall  not  apply  to  any  stock  fully  paid. 

Note.— The  amendment  takes  away  the  right  of  action  upon  an  assessment 
against  the  stockholders  whose  stock  is  fully  paid,  thus  restricting  corporations  in 
such  case  to  a  sale  of  the  stock  to  pay  any  delinquent  assessment. 

Section  360.     To  be  amended  to  read  as  follows: 

Sec.  360.  No  corporation  shall  acquire  or  hold  any  more  real  property 
than  may  be  reasonably  necessary  for  the  transaction  of  its  business, 
or  the  construction  of  its  works,  except  as  otherwise  specially  provided. 
A  corporation  may  acquire  real  property,  as  provided  in  title  seven,  part 
three,  Code  of  Civil  Procedure,  when  needed  for  any  of  the  uses  and  pur- 
poses mentioned  in  said  title.  By  unanimous  consent  of  its  members  or 
stockholders,  any  corporation  existing  under  the  laws  of  this  State  may 
acquire  and  hold  the  lot  and  house  in  which  its  business  is  carried  on, 
and  may  improve  the  same  to  any  extent  required  for  the  convenient 
transaction  of  its  business. 

Note— The  amendment  adds  to  the  section  the  provisions  of  the  Act  of  April  1, 
1876,  authorizing  corporations  to  own  and  improve  property  in  which  their  bus- 
iness is  carried  on. 

Section  362.     To  be  amended  to  read  as  follows : 

Sec.  362.  Any  corporation  may  amend  its  articles  of  incorporation 
by  a  majority  vote  of  its  board  of  directors  or  trustees,  and  by  a  vote  or 
written  assent  of  the  stockholders  representing  at  least  two  thirds  of  the 
subscribed  capital  stock  of  such  corporation,  or  the  written  assent  of  a 
majority  of  the  members,  if  there  be  no  capital  stock;  and  a  copy  of  the 
articles  of  incorporation  as  thus  amended,  duly  certified  to  be  correct 
by  the  president  and  secretary  of  the  board  of  directors  or  trustees  of 
such  corporation,  shall  be  filed  in  the  office  where  the  original  articles 
of  incorporation  are  required  by  this  Code  to  be  filed,  and  also  in  the 
office  of  the  Secretary  of  State,  and  from  the  time  of  so  filing  such  copy 
of  the  amended  articles  of  incorporation,  such  corporation  shall  have 
the  same  powers,  and  it,  and  the  stockholders  thereof,  shall  thereafter  be 
subject  to  the  same  liabilities,  as  if  such  amendment  had  been  embraced 
in  the  original  articles  of  incorporation;  provided,  that  the  time  of  the 
existence  of  such  corporation  shall  not  be  by  such  amendment  extended 
beyond  the  time  fixed  in  the  original  articles  of  incorporation;  provided 
further,  that  such  original  and  amended  articles  of  incorporation  shall 
together  contain  all  the  matters  and  things  required  by  the  law  under 
which  the  original  articles  of  incorporation  were  executed  and  filed; 
and  provided  further,  that  nothing  herein  contained  shall  be  construed 


CIVIL   CODE.  59 

to  cure  or  amend  any  defect  existing  in  any  original  articles  of  incor- 
poration heretofore  filed  by  reason  that  such  articles  did  not  set  forth 
the  matters  required  to  make  the  same  valid  at  the  time  of  filing;  and 
also  provided,  that  if  the  assent  of  two  thirds  of  the  stockholders  to 
such  amendment  has  not  been  obtained,  a  notice  of  the  intention  to 
make  the  amendment  shall  first  be  advertised  for  thirty  days  in  some 
newspaper  published  in  the  town,  or  county,  or  city  and  county,  in 
which  the  principal  place  of  business  of  the  corporation  is  located, 
before  the  filing  of  the  proposed  amendment;  and  provided  also,  that 
nothing  in  this  section  shall  be  construed  to  authorize  any  corporation 
to  diminish  its  capital  stock. 

Note.— The  present  section  provides  that  any  corporation  may  amend  "its 
articles  of  association  or  certificate  of  incorporation,"  but,  as  a  matter  of  law  and 
fact,  no  corporation  has  any  articles  of  association,  and  if  there  be  such  a  thing  as 
a  certificate  of  incorporation,  it  is  obviously  something  which  the  corporation  ha& 
no  power  to  amend.  Section  289  mentions  the  only  instrument  by  which  a  private 
corporation  can  be  formed,  and  it  is  called  "Articles  of  Incorporation."  If  there 
is  any  paper  which  may  properly  be  styled  a  certificate  of  incorporation  it  is  that 
certificate  mentioned  in  Section  296,  which  the  Secretary  of  State  is  required  to 
issue.  This  certificate  obviously  cannot  be  amended  by  the  corporation,  because 
it  is  not  its  act,  and  Section  362  surely  did  not  contemplate  that  upon  the  amend- 
ment of  its  articles  of  incorporation  a  new  and  amended  certificate  should  be 
issued  by  the  Secretary  of  State.  Again,  the  section  provides  that  "a  copy  of  the 
said  articles  of  association,  or  certificate  of  incorporation,  as  thus  amended,  shall 
be  filed  in  the  office  or  offices  where  the  original  articles  of  incorporation  are 
required  by  the  Code  to  be  filed,"  but,  as  before  intimated,  the  Code  does  not 
require  any  "articles  of  association,"  nor  any  "certificate  of  incorporation,  to  be 
filed."    The  amendment  proposed  will  remove  the  above  objections. 

Section  388.     To  be  amended  to  read  as  follows: 
Franchises  may  be  sold  under  execution. 

Sec.  388.  For  the  satisfaction  of  any  judgment  against  a  corporation, 
its  franchise,  and  all  the  rights  and  privileges  thereof,  may  be  levied 
upon  and  sold  under  execution  in  the  same  manner  and  with  like  effect 
as  any  other  property;  except  that  such  sale  shall  not  relieve  the 
franchise,  or  property  held  thereunder,  from  the  liabilities  of  the 
judgment  debtor  contracted  or  incurred  in  the  operation,  use,  or  enjoy- 
ment of  such  franchise,  or  any  of  its  privileges. 

Note.— This  amendment  permits  the  sale  under  execution  of  a  franchise  of  a 
corporation,  restricting  the  effect  thereof  as  provided  in  Article  XII,  Section  10,  of 
the  Constitution. 

Section  392.     To  be  amended  to  read  as  follows: 

Sec.  392.  A  corporation  may,  at  any  time  within  one  year  after  such 
sale,  redeem  the  franchise  by  paying  or  tendering  to  the  purchaser 
thereof  the  sum  paid  therefor,  with  ten  per  cent  interest  thereon;  and 
upon  such  payment  or  tender,  the  franchise,  and  all  rights  and  privileges 
thereof,  revert  and  belong  to  the  corporation,  as  if  no  such  sale  had 
been  made. 


60  PROPOSED    AMENDMENTS   TO   THE 

Section  418.     To  be  amended  to  read  as  follows: 

Sec.  418.  If  any  insurance  corporation  is  under  liabilities  for  losses 
to  an  amount  equal  to  its  capital  stock,  and  the  president  or  directors, 
after  knowing  the  same,  make  any  new  or  further  insurance,  all  who 
make  such  insurance,  or  assent  thereto,  and  their  heirs,  executors,  and 
administrators,  are  jointly  and  severally  liable  for  the  amount  of  any 
loss  which  takes  place  under  such  insurance. 

Section  431.     A  new  section  to  be  added  to  read  as  follows: 
Form  of  fire  insurance  policies. 

Sec.  431.  On  and  after  the  first  day  of  September,  eighteen  hun- 
dred and  ninety-seven,  no  fire  insurance  company,  corporation,  or 
association,  its  officers  or  agents,  shall  make,  issue,  use,  or  deliver 
for  use,  any  fire  insurance  policy  on  property  in  this  State,  other  than 
such  as  shall  conform,  in  all  particulars,  as  to  blanks,  size  of  type, 
context,  provisions,  agreements,  and  conditions,  with  the  printed  form  of 
contract  or  policy  to  be  filed  in  the  office  of  the  Insurance  Commis- 
sioner, as  provided  for  in  section  six  hundred  and  thirty-five  of  the 
Political  Code,  and  no  other  or  different  provision,  condition,  agreement? 
or  clause,  shall,  in  any  manner,  be  made  a  part  of  said  contract  or  policy, 
or  be  indorsed  thereon,  or  delivered  therewith,  except  as  follows,  to  wit: 

1.  The  name  of  the  company,  its  location  or  place  of  business,  the 
date  of  its  incorporation  or  organization,  and  the  state  or  country  under 
which  the  same  is  organized;  the  amount  of  paid-up  capital  stock, 
whether  it  is  a  stock  or  mutual  company,  the  names  of  its  officers,  the 
number  and  date  of  the  policy;  and  if  it  be  issued  through  a  manager 
or  agent  of  the  company,  the  words  "this  policy  shall  not  be  valid 
until  countersigned  by  the  duly  authorized  manager  or  agent  of  the 

company  at ,"  may  be  printed  on  policies  issued  on  property  in  this 

State; 

2.  Printed  or  written  forms  of  description  and  specification  or  sched- 
ules of  the  property  covered  by  any  particular  policy,  and  any  other 
matter  necessary  to  clearly  express  all  the  facts  and  conditions  of  insur- 
ance on  any  particular  risk  (which  facts  or  conditions  shall  in  no  case 
be  inconsistent  with,  or  a  waiver  of,  any  of  the  provisions  or  conditions 
of  the  standard  policy  provided  for  in  the  Political  Code),  may  be  written 
upon  or  attached  or  appended  to  any  policy  issued  on  property  in  this 
State; 

3.  A  company,  corporation,  or  association,  organized  or  incorporated 
under  and  in  pursuance  of  the  laws  of  this  State,  or  elsewhere,  if  entitled 
to  do  business  in  this  State,  may,  with  the  approval  of  the  Insurance 
Commissioner,  if  the  same  is  not  already  included  in  the  standard  form 
to  be  filed  in  the  office  of  said  commissioner,  as  provided  for  in  section 
six  hundred  and  thirty-five  of  the  Political  Code,  print,  on  its  policies, 


CIVIL   CODE.  61 

any  provision  which  it  is  required,  by  law,  to  insert  therein,  if  such  pro- 
vision is  not  in  conflict  with  the  laws  of  this  State,  or  of  the  United 
States,  or  of  the  provisions  of  the  standard  form  provided  for  in  the 
Political  Code;  but  said  provision  or  provisions  shall  be  printed  apart 
from  the  other  provisions,  agreements,  or  conditions  of  the  policy,  and 
in  type  not  smaller  than  the  body  of  the  policy,  and  under  a  separate 
title,  as  follows:  "  Provisions  required  by  law  to  be  stated  in  this  policy," 
and  be  a  part  of  said  policy; 

4.  There  may  be  indorsed  on  the  outside  of  any  policy  herein  pro- 
vided for,  the  name,  with  the  word  "  agent "  or  "  agents,"  and  place  of 
business  of  any  insurance  agent  or  agents,  either  by  writing,  printing, 
stamping,  or  otherwise; 

5.  Where  two  or  more  companies,  each  entitled  to  do  business  in  this 
State,  unite  to  issue  a  joint  policy,  there  may  be  expressed  in  the  head- 
ing of  such  policy  the  fact  of  the  severalty  of  the  contract;  also,  the 
proportion  of  premium  to  be  paid  to  each  company,  and  the  proportion 
of  liability  which  each  company  agrees  to  assume,  and  in  the  printed 
conditions  of  such  policy  the  necessary  change  may  be  made  from  tho 
singular  to  the  plural  number,  when  reference  is  had  to  the  company 
issuing  such  policy; 

Provided,  that  any  policy  made,  issued,  or  delivered,  not  in  conformity 
with  this  section,  shall  nevertheless  be  binding  upon  the  company  issu- 
ing the  same,  and  such  company  shall  thereafter  be  disqualified  from 
doing  any  insurance  business  in  this  State. 

Note.— The  proposed  section,  taken  in  connection  with  the  proposed  Section  635 
of  the  Political  Code,  enacts  substantially  the  law  of  New  York  requiring  all  pol- 
icies of  fire  insurance  to  be  uniform.  The  desirability  of  such  requirement  is 
apparent  when  the  multiplicity  of  forms  of  policies  in  use,  and  the  fact  that  the 
insured  seldom  reads  the  conditions  of  his  policy,  are  considered. 

The  effect  of  a  uniform  policy  of  insurance  will  be  that,  when  a  person  once 
understands  its  provisions,  he  can  obtain  other  policies  with  a  certainty  that  there 
is  nothing  therein  contained  of  which  he  is  not  aware.  New  York  was  the  first 
State  to  adopt  such  a  law,  and  its  operation  has  been  satisfactory. 

Section  444.     To  be  amended  to  read  as  follows: 
Sec.  444.     Life,   health,    and   accident   insurance  corporations   may 
invest  their  capital  stock  as  follows: 

1.  In  loans  upon  unincumbered  and  improved  real  property  within 
the  State  of  California,  which  shall  be  worth  at  the  time  of  the  invest- 
ment at  least  forty  per  cent  more  than  the  sum  loaned; 

2.  In  the  purchase  of  or  loans  upon  interest-bearing  bonds,  and 
other  securities  of  the  United  States  and  of  the  State  of  California; 

3.  In  the  purchase  of  or  loans  upon  interest-bearing  bonds  of  any 
of  the  other  States  of  the  Union,  or  of  any  county,  or  incorporated 
city,  or  city  and  county,  or  school  district  in  the  State  of  California; 

4.  In  the  purchase  of  or  loans  upon  any  stocks  of  corporations  formed 


62  PROPOSED   AMENDMENTS    TO   THE 

under  the  laws  of  this  State,  except  of  mining  corporations,  which  shall 
have,  at  the  time  of  the  investment,  a  value,  in  the  City  and  County  of 
San  Francisco,  of  not  less  than  sixty  per  cent  of  their  par  value,  and 
shall  be  rated  as  first-class  securities; 

But  no  loans  shall  be  made  on  any  securities  specified  in  subdivisions 
three  and  four  of  this  section,  in  any  amount  beyond  sixty  per  cent  of 
the  market  value  of  the  securities,  nor  shall  any  loan  be  made  on  the 
stock  of  the  corporation,  or  notes  or  other  obligations  of  its  corporators. 

Notb—  The  amendment  allows  the  investment  of  the  capital  stock  of  life, 
health,  and  accident  insurance  corporations  to  he  made  in  interest-bearing  bonds 
of  school  districts  of  California. 

Section  445.     To  be  amended  to  read  as  follows: 

Sec.  445.  The  corporation  may,  by  its  by-laws,  limit  the  number  of 
shares  which  may  be  held  by  any  one  person,  and  make  such  other 
provisions  for  the  protection  of  the  stockholders  and  the  better  security 
of  those  dealing  with  it  as  to  a  majority  of  the  stockholders  may  seem 
proper,  not  inconsistent  with  the  constitution  and  laws  of  the  State, 
nor  unreasonable  in  their  practical  operation. 

Section  467.     To  be  amended  to  read  as  follows: 

Sec.  467.  If  at  any  time  after  the  location  of  the  line  of  the  railroad? 
and  the  filing  of  the  maps  and  profiles  thereof,  as  provided  in  the  pre- 
ceding section,  it  appears  that  the  location  can  be  improved,  the  direct- 
ors may,  as  provided  in  subdivision  seven  of  section  four  hundred  and 
sixty-five,  alter  or  change  the  same,  and  cause  new  maps  and  profiles 
to  be  filed,  showing  such  changes,  in  the  same  offices  where  the  originals 
are  on  file,  and  may  proceed,  in  the  same  manner  as  the  original  loca- 
tion was  acquired,  to  acquire  and  take  possession  of  such  new  line,  and 
must  sell  or  relinquish  the  lands  owned  by  them  for  the  original 
location,  within  five  years  after  such  change;  provided,  however,  that 
forthwith  upon  such  change  being  made,  the  lands  acquired  by  the 
corporation  under  the  right  of  eminent  domain  shall  revert  to  the 
original  owners  thereof,  or  their  successors  in  interest. 

Note.— The  new  provision  made  by  the  amendment  is  that  when  the  corpora- 
tion changes  the  line  of  its  road  all  property  which  was  obtained  by  eminent 
domain  for  the  portion  of  the  road  abandoned  shall  revert  to  the  original  owners 
or  their  successors  in  interest. 

Section  472.     To  be  amended  to  read  as  follows: 

Sec.  472.  Whenever  the  track  of  such  railroad  crosses  a  railroad  or 
highway,  such  railroad  or  highway  may  be  carried  under,  over,  or  on  a 
level  with  the  track,  as  may  be  most  expedient;  and  in  cases  where  an 
embankment  or  cutting  necessitates  a  change  in  the  line  of  such  rail- 
road or  highway,  the  corporation  may  take  such  additional  lands  and 
material  as  are  necessary  for  the  construction  of  such  road  or  highway  on 


CIVIL    CODE.  63 

such  new  line.  If  such  other  necessary  lands  cannot  be  had  otherwise, 
they  may  be  condemned  as  provided  in  title  seven,  part  three,  Code  of 
Civil  Procedure;  and  when  compensation  is  made  therefor,  the  same 
becomes  the  property  of  the  corporation.  In  all  such  cases  it  is  the 
duty  of  the  corporation  to  restore  the  highway  to  its  former  condition, 
so  as  not  to  interfere  materially  with  its  use  for  the  convenience  of  the 
public. 

Section  492.     To  be  amended  to  read  as  follows: 

Sec.  492.  The  legislative  or  other  body  to  whom  is  intrusted  the 
government  of  the  county,  city  and  county,  city,  or  town,  under  such 
regulations,  restrictions,  and  limitations,  and  upon  such  terms  and  pay- 
ment of  license  tax  as  the  county,  city  and  county,  city,  or  town  author- 
ity may  provide,  may  grant  franchises  for  the  construction  of  elevated 
or  underground  railroad  tracks  over,  across,  or  under  the  streets  and 
public  highways  of  any  such  county,  city  and  county,  city,  or  town,  for 
a  term  not  exceeding  fifty  years;  provided,  that  before  granting  such 
franchise  there  shall  be  presented  to  such  legislative  or  other  body  a 
petition  signed  by  the  owners  of  a  majority  of  the  landed  property, 
other  than  public  property,  on  the  line  of  said  elevated  portion  applied 
for.  The  provisions  of  this  section  shall  apply  to  all  railroad  com- 
panies heretofore  or  hereafter  incorporated. 

Note. — The  amendment  incorporates  therein  the  provisions  of  Section  493. 

Section  493.     A  new  section  to  be  added  to  read  as  follows: 
Non-operation  of  railroads — Forfeiture. 

Sec.  493.  From  and  after  the  completion  of  any  railroad,  or  the  com- 
pletion of  such  portion  thereof  capable  of  being  operated,  it  shall  be 
the  duty  of  the  corporation  or  individual  owning  the  same,  to  operate 
it;  and  upon  the  failure  of  said  corporation  or  individual  so  owning 
said  road  to  keep  the  same,  or  any  part  thereof,  in  full  operation  for  the 
period  of  six  months,  its  or  his  right  to  operate  the  same,  in  whole  or  in 
part,  as  the  case  may  be,  shall  be  forfeited;  and  the  lands  occupied  for 
the  purposes  of  its  or  his  road,  so  far  as  the  same  shall  not  be  operated, 
shall  revert  to  the  original  owners,  or  their  successors  in  interest.  A 
railroad  shall  be  deemed  to  be  in  full  operation  when  one  passenger 
train,  or  one  mixed  train,  is  run  over  it  once  each  day  in  each  direction, 
and  a  sufficient  number  of  freight  trains  to  accommodate  the  traffic  on 
said  road. 

Section  494.     A  new  section  to  be  added  to  read  as  follows: 
Prevention  of  operation — Duty  of  Railroad  Commissioners. 

Sec.  494.  The  preceding  section  shall  not  be  construed  to  apply  to  a 
case  where  the  operation  of  the  road  is  prevented  by  the  act  of  God,  nor 


64  PROPOSED   AMENDMENTS   TO   THE 

to  a  case  where  the  operation  of  said  road,  together  with  its  branch  or 

trunk  lines,  does  not  yield  income  sufficient  to  defray  the  expenses  of 

maintaining  and  operating  the  same  in  connection  with  its  said  branch 

or  trunk  line.     The  Railroad  Commissioners  of  the  State  of  California 

shall  have  the  power  to  examine  and  determine  the  question  whether 

said  road,  together  with  its  said  branch  and  trunk  lines,  does  or  does 

not  yield  income  sufficient  to  operate  the  same. 

Notk .— The  two  last  preceding  proposed  sections  contain  the  provisions  of  the 
Act  of  April  15,  1880,  to  compel  railroad  corporations  and  individuals  owning 
railroads  to  operate  their  roads.    (See  Stats.  1880,  p.  43.) 

The  heading  of  Title  VII,  Part  IV,  Division  I,  to  be  amended  to 
read:  "Telegraph  and  Telephone  Corporations." 

Section  536.     To  be  amended  to  read  as  follows: 

Sec.  536.  Telegraph  or  telephone  corporations,  when  they  have 
acquired  their  franchises  from  counties,  cities  and  counties,  cities,  and 
towns,  as  provided  by  law,  and  in  conformity  therewith,  may  construct 
lines  of  telegraph  or  telephone  along  and  upon  any  public  road  or  high- 
way, along  or  across  any  of  the  waters  or  lands  within  this  State,  along, 
upon,  or  across  which  such  franchises  are  so  acquired,  and  may  erect 
poles,  posts,  piers,  or  abutments  for  supporting  the  insulators,  wires,  and 
other  necessary  fixtures  of  their  lines,  in  such  manner  and  at  such  points 
as  not  to  incommode  the  public  use  of  the  road  or  highway,  or  inter- 
rupt the  navigation  of  the  waters. 

Section  537.     To  be  amended  to  read  as  follows: 

Persons  liable  for  damages  for  injuring  telegraph  and  telephone  property. 
Sec.  537.  Any  person  who  injures  or  destroys,  through  want  of  proper 
care,  any  necessary  or  useful  fixtures  of  any  telegraph  or  telephone 
corporation,  is  liable  to  the  corporation  owning  the  same  for  all  damages 
sustained  thereby.  Any  vessel  which,  by  dragging  its  anchor  or  other- 
wise, breaks,  injures,  or  destroys  the  sub-aqueous  cable  of  a  telegraph  or 
telephone  corporation,  subjects  its  owner  to  the  damages  hereinbefore 
specified. 

Section  538.     To  be  amended  to  read  as  follows: 
Damages,  willful  and  malicious  injury. 

Sec.  538.  Any  person  who  willfully  and  maliciously  does  any  injury 
to  any  telegraph  or  telephone  property  mentioned  in  the  preceding  sec- 
tion is  liable  to  the  corporation  owning  the  same  for  one  hundred  times 
the  amount  of  actual  damages  sustained  thereby,  to  be  recovered  in  any 
court  of  competent  jurisdiction. 


CIVIL   CODE.  65 

Section  539.     To  be  amended  to  read  as  follows: 
Conditions  on  which  damage  to  sub-aqueous  cable  may  be  recovered. 

Sec.  539.  No  telegraph  or  telephone  corporation  can  recover  damages 
for  the  breaking  or  injuring  of  any  sub-aqueous  telegraph  or  telephone 
cable,  unless  such  corporation  has  previously  erected,  on  either  bank  of 
the  waters  under  which  the  cable  is  placed,  a  monument,  indicating  the 
place  where  the  cable  lies,  and  publishes  for  one  month  in  some  news- 
paper most  likely  to  give  notice  to  navigators,  a  notice  giving  the 
description  and  the  purpose  of  the  monuments,  and  the  general  course, 
landings,  and  termini  of  the  cable. 

Section  540  to  be  amended  to  read  as  follows: 
May  dispose  of  certain  rights. 

Sec.  540.  Any  telegraph  or  telephone  corporation  may,  at  any  time, 
with  the  consent  of  the  persons  holding  two  thirds  of  the  issued  stock 
of  the  corporation,  sell,  lease,  assign,  transfer,  or  convey  any  rights, 
privileges,  franchises,  or  property  of  the  corporation,  except  its  cor- 
porate franchise;  provided,  that  this  section  shall  not  be  so  construed 
as  to  permit  the  leasing  or  alienation  of  any  franchise  by  any  such  cor- 
poration, so  as  to  relieve  the  franchise  or  property  held  thereunder  from 
the  liabilities  of  the  lessor  or  grantor,  lessee  or  grantee,  contracted  or 
incurred  in  the  operation,  use,  or  enjoyment  of  such  franchise,  or  any 
of  its  privileges. 

Note.— The  amendments  to  the  five  preceding  sections  consist  merely  in  placing 
telephone  companies  on  the  same  footing  with  telegraph  companies  in  relation 
to  the  construction  and  maintenance  of  their  lines. 

Section  548.     To  be  repealed. 

Note—  The  section  is  in  conflict  with  Section  19,  Article  XI,  of  the  Constitution. 

Section  549.     To  be  repealed. 

Note. — The  section  is  unconstitutional. 

Section  550.     To  be  repealed. 

Note.— The  section  is  unconstitutional. 

Section  565.     To  be  amended  to  read  as  follows: 
Annual  report  to  be  published. 

Sec.  565.  The  actual  financial  condition  of  all  homestead  corpora- 
tions must,  by  the  directors  thereof,  be  published  annually  in  a  news- 
paper published  at  the  principal  place  of  business  of  the  corporation, 
for  four  weeks,  if  published  in  a  weekly,  and  two  weeks,  if  published  in 
a  daily.  The  statement  must  be  made  up  to  the  end  of  each  year,  and 
must  be  verified  by  the  oath  of  the  president  and  secretary,  showing 
the  items  of  property  and  liabilities. 
5— c 


66  PROPOSED    AMENDMENTS    TO   THE 

Section  571.  To  be  amended  to  read  as  follows: 
Organization  of  savings  and  loan  corporations— On  what  terms  may  loan 
money,  how,  and  to  whom,  and  how  long. 
Sec.  571.  Corporations  organized  for  the  purpose  of  accumulating 
and  loaning  the  funds  of  their  members,  stockholders,  and  depositors, 
may  loan  and  invest  the  funds  thereof,  receive  deposits  of  money,  loan, 
invest,  and  collect  the  same,  with  interest,  and  may  repay  depositors 
with  or  without  interest.  No  such  corporation  must  loan  money,  except 
on  adequate  security  on  real  or  personal  property,  and  such  loan  must 
not  be  for  a  longer  period  than  six  years.  No  savings  and  loan  corpo- 
ration shall  do  business  under  the  same  management  as,  or  in  the  same 
banking  house  with,  any  other  banking  institution. 

Note.— The  amendment  prohibits  savings  banks  from  doing  business  in  con- 
junction with  any  other  banking  institution. 

Section  574.     To  be  amended  to  read  as  follows: 
Property  which  may  be  owned,  and  how  disposed  of. 

Sec.  574.  Savings  and  loan  corporations  may  purchase,  hold,  and 
convey  real  and  personal  property,  as  follows: 

1.  The  lot  and  building  in  which  the  business  of  the  corporation  is 
carried  on,  the  cost  of  which  must  not  exceed  one  hundred  thousand 
dollars;  except,  on  a  vote  of  two  thirds  of  the  stockholders,  the  cor- 
poration may  increase  the  sum  to  an  amount  not  exceeding  two 
hundred  and  fifty  thousand  dollars; 

2.  Such  as  may  have  been  mortgaged,  pledged,  or  conveyed  to  it  in 
trust,  for  its  benefit  in  good  faith,  for  money  loaned  in  pursuance  of  the 
regular  business  of  the  corporation; 

3.  Such  as  may  have  been  purchased  at  sales  under  pledges,  mort- 
gages, or  deeds  of  trust  made  for  its  benefit,  for  money  so  loaned,  and 
such  as  may  be  conveyed  to  it  by  borrowers  in  satisfaction  and  discharge 
of  loans  made  thereon; 

4.  No  such  corporation  must  purchase,  hold,  or  convey  real  estate  in 
any  other  case  or  for  any  other  purpose;  and  all  real  estate  described  in 
subdivision  three  of  this  section  must  be  sold  by  the  corporation  within 
five  years  after  the  title  thereto  is  vested  in  it  by  purchase  or  otherwise; 

5.  No  such  corporation  must  purchase,  own,  or  sell  personal  property, 
except  such  as  may  be  requisite  for  its  immediate  accommodation  for 
the  convenient  transaction  of  its  business,  mortgages  on  real  estate, 
bonds,  securities,  or  evidences  of  indebtedness,  public  or  private,  gold 
and  silver  bullion,  and  United  States  mint  certificates  of  ascertained 
value,  and  evidences  of  debt  issued  by  the  United  States; 

6.  No  such  corporation  must  purchase,  hold,  or  convey  bonds,  securi- 
ties, or  evidences  of  indebtedness,  public  or  private,  except  bonds  of  the 
United  States,  of  the  State  of  California,  and  of  the  counties,  cities, 


CIVIL   CODE.  67 

-cities  and  counties,  towns,  or  school  districts  of  the  State  of  California, 

unless  such  corporation  has  a  capital  stock  or  reserved  fund  paid  in  of 

not  less  than  three  hundred  thousand  dollars. 

Note. — The  amendment  authorizes  the  purchase  of  school  district  bonds  by  sav- 
ings and  loan  corporations  irrespective  of  the  amount  of  their  capital  stock. 

Section  585.     To  be  repealed. 

Note.— The  section  refers  to  the  procedure  enacted  by  Section  584,  which  was 
repealed  in  1875. 

Section  588.     A  new  section  to  be  added,  to  read  as  follows: 
Books  and  reports  of  mining  corporations. 

Sec.  588.  It  shall  be  the  duty  of  the  secretary  of  every  corporation 
formed  under  the  laws  of  this  State  for  the  purpose  of  mining,  to  keep 
a  complete  set  of  books,  showing  all  receipts  and  expenditures  of  such 
corporation,  the  sources  of  such  receipts,  and  the  object  of  such  expend- 
itures, and  also  all  transfers  of  stock.  All  books  and  papers  shall  at 
all  times,  during  business  hours,  be  open  to  the  inspection  of  any  bona 
fide  stockholder;  and  if  any  stockholder  shall  at  any  time  so  request,  it 
shall  be  the  duty  of  the  secretary  to  attend  at  the  office  of  said  com- 
pany at  least  one  hour  in  the  day  out  of  regular  business  hours,  and 
exhibit  such  books  and  papers  of  the  company  as  such  stockholder 
may  desire,  and  such  stockholder  shall  be  entitled  to  be  accompanied 
by  an  expert;  and  he  shall  also  be  entitled  to  make  copies  or  extracts 
from  any  such  books  or  papers.  It  shall  be  the  duty  of  the  directors,  on 
the  first  Monday  of  each  and  every  month,  to  cause  to  be  made  an  item- 
ized account  or  balance-sheet  for  the  previous  month,  embracing  a  full 
and  complete  statement  of  all  disbursements  and  receipts,  showing  from 
what  sources  such  receipts  were  derived,  and  for  what  and  to  whom 
such  disbursements  or  payments  were  made,  and  for  what  object  or 
purpose  the  same  were  made;  also  all  indebtedness  or  liabilities 
incurred  or  existing  at  the  time,  and  for  what  the  same  were  incurred, 
and  the  balance  of  money,  if  any,  on  hand.  Such  account  or  balance- 
sheet  shall  be  verified  under  oath  by  the  president  and  secretary,  and 
posted  in  some  conspicuous  place  in  the  office  of  the  company.  It  shall 
be  the  duty  of  the  superintendent,  on  the  first  Monday  of  each  month, 
to  file  with  the  secretary  an  itemized  account,  verified  under  oath, 
showing  all  receipts  and  disbursements  made  by  him  for  the  previous 
month,  and  for  what  said  disbursements  were  made.  It  shall  also  be 
the  duty  of  the  superintendent  to  file  with  the  secretary  a  weekly  state- 
ment, under  oath,  showing  the  number  of  men  employed  under  him 
and  for  what  purpose,  and  the  rate  of  wages  paid  to  each  one.  He 
shall  attach  to  such  account  a  full  and  complete  report,  under  oath,  of 
the  work  done  in  said  mine,  the  amount  of  ore  extracted,  from  what 
part  of  the  mine  taken,  the  amount  sent  to  mill  for  reduction,  its  assay 


68  PROPOSED   AMENDMENTS    TO   THE 

value,  the  amount  of  bullion  received,  the  amount  of  bullion  shipped  to 
the  office  of  the  company  or  elsewhere,  and  the  amount,  if  any,  retained 
by  the  superintendent.  It  shall  also  be  his  duty  to  forward  to  the 
office  of  the  company  a  full  report,  under  oath,  of  all  discoveries  of 
ores  or  mineral-bearing  quartz  made  in  said  mine,  whether  by  boring, 
drifting,  sinking,  or  otherwise,  together  with  the  assay  value  thereof. 
All  accounts,  reports,  and  correspondence  from  the  superintendent  shall 
be  kept  in  some  conspicuous  place  in  the  office  of  said  company,  and  be 
open  to  the  inspection  of  all  stockholders. 

Section  589.     A  new  section  to  be  added  to  read  as  follows: 
Examination  of  grounds  by  stockholders. 

Sec.  589.  Any  bona  fide  stockholder  of  a  corporation  formed  under 
the  laws  of  this  State  for  the  purpose  of  mining  shall  be  entitled  to  visit, 
accompanied  by  his  expert,  and  examine,  the  mine  or  mines  owned  by 
such  corporation,  and  every  part  thereof,  at  any  time  he  may  see  fit  to 
make  such  visit  and  examination;  and  when  such  stockholder  shall 
make  application  to  the  president  of  such  corporation,  he  shall  imme- 
diately cause  the  secretary  thereof  to  issue  and  deliver  to  such  applicant 
an  order,  under  the  seal  of  the  corporation,  directed  to  the  superintend- 
ent, commanding  him  to  show  and  exhibit  such  parts  of  said  mine  or 
mines  as  the  party  named  in  said  order  may  desire  to  visit  and  examine. 
It  shall  be  the  duty  of  the  superintendent,  on  receiving  such  order,  to 
furnish  such  stockholder  every  facility  for  making  a  full  and  complete 
inspection  of  said  mine  or  mines,  and  of  the  workings  therein;  it  shall 
be  his  duty  also  either  to  accompany  said  stockholder  in  person,  or  to 
furnish  some  person  familiar  with  said  mine  or  mines  to  accompany 
him  in  his  visit  to  and  through  such  mine  or  mines,  and  every  part 
thereof.  In  case  of  the  failure  or  refusal  of  the  superintendent  to  obey 
such  order,  such  stockholder  shall  be  entitled  to  recover  in  any  court  of 
competent  jurisdiction,  against  said  corporation,  the  sum  of  one  thou- 
sand dollars  and  traveling  expenses  to  and  from  said  mine  as  liquidated 
damages,  together  with  costs  of  suit.  In  case  of  such  refusal,  it  shall 
be  the  duty  of  the  directors  of  such  corporation  forthwith  to  remove  the 
officer  so  refusing,  and  thereafter  he  shall  not  be  employed,  directly  or 
indirectly,  by  such  corporation,  and  no  salary  shall  be  paid  to  him. 

Section  590.     A  new  section  to  be  added  to  read  as  follows: 

Penalty  for  refusal  to  permit  examination  of  grounds,  and  for  failure  to 
make  and  post  reports. 
Sec.  590.     In  case  of  the  refusal  or  neglect  of   the  president  to  cause 
to  be  issued  by  the  secretary  the  order  in  the  preceding  section  men- 
tioned, such  stockholder  shall  be  entitled  to  recover  against  said  presi- 


CIVIL   CODE.  69 

dent  the  sum  of  one  thousand  dollars  and  costs.  In  case  of  the  failure 
of  the  directors  to  have  the  reports  and  accounts  current  made  and 
posted  as  provided  in  section  five  hundred  and  eighty-eight,  they  shall  be 
liable,  either  severally  or  jointly,  to  an  action  by  any  stockholder,  in  any 
court  of  competent  jurisdiction,  complaining  thereof,  and  on  proof  of 
such  refusal  or  failure,  such  complaining  stockholder  shall  recover 
judgment  for  one  thousand  dollars  liquidated  damages,  with  costs  of  suit. 

Note.— The  foregoing  three  proposed  new  sections  contain  the  provisions  of  the 
Act  for  the  protection  of  stockholders  in  California  mining  corporations,  approved 
March  30, 1874  (Stats.  1873-4,  p.  866). 

Section  591.     A  new  section  to  be  added  to  read  as  follows: 

Certain  acts  of  directors  unlawful,  unless  txoo  thirds  of  capital  stock  con- 
sent thereto. 
Sec.  591.  It  shall  not  be  lawful  for  the  directors  of  any  mining  cor- 
poration to  sell,  lease,  mortgage,  or  otherwise  dispose  of  the  whole  or 
any  part  of  the  mining  ground  owned  or  held  by  such  corporation,  or 
to  purchase  or  obtain,  in  any  way,  any  additional  mining  ground, 
unless  such  act  be  ratified  by  the  holders  of  at  least  two  thirds  of  the 
capital  stock  of  such  corporation.  Such  ratification  maybe  made  either 
in  writing,  signed  and  acknowledged  by  such  stockholders,  or  by  resolu- 
tion, duly  passed  at  a  stockholders'  meeting  called  for  that  purpose. 

Section  592.  A  new  section  to  be  added  to  Title  XI,  Division  I,  Part 
IV,  to  read  as  follows: 

Stock  to  be  in  the  name  of  real  owner  or  trustee,  and  how  voted. 

Sec.  592.  All  stock  in  each  and  every  mining  corporation  in  this 
State  shall  stand  in  the  books  of  said  company,  in  all  cases,  in  the 
names  of  the  real  owners  of  such  stock,  or  in  the  names  of  the  trus- 
tees of  such  real  owners;  but  in  every  case  where  such  stock  shall 
stand  in  the  name  of  a  trustee,  the  party  for  whom  he  holds  such  stock 
in  trust  shall  be  designated  upon  said  books,  and  also  in  the  body  of  the 
certificate  of  such  stock.  Arid  it  shall  not  be  lawful  for  any  such  corpo- 
ration, or  the  secretary  thereof,  to  close  the  books  of  said  corporation 
more  than  two  days  prior  to  the  day  of  any  election.  At  such  election 
the  stock  of  said  corporation  shall  be  voted  by  the  bona  fide  owners 
thereof,  as  shown  by  the  books  of  said  corporation,  unless  the  certifi- 
cate of  stock,  duly  indorsed,  be  produced  at  such  election,  in  which  case 
said  certificates  shall  be  deemed  the  highest  evidence  of  ownership,  and 
the  holder  thereof  shall  be  entitled  to  vote  the  same. 

Title  XII,  Division  I,  Part  IV,  to  be  changed  to  "  Corporations  organ- 
ized for  purposes  other  than  pecuniary  profit." 


70  PROPOSED   AMENDMENTS    TO    THE 

Section  602.     To  be  amended  to  read  as  follows: 

Sec.  602.  Whenever  the  rules,  regulations,  or  discipline  of  any  relig- 
ious denomination,  society,  or  church  so  require,  for  the  administra- 
tion of  the  temporalities  thereof,  and  the  management  of  the  estate  and 
property  thereof,  it  shall  be  lawful  for  the  bishop,  chief  priest,  or  pre- 
siding elder  of  such  religious  denomination,  society,  or  church  to  become 
a  sole  corporation,  in  the  manner  prescribed  in  this  title,  as  nearly  as 
may  be,  and  with  all  the  powers  and  duties,  and  for  the  uses  and  pur- 
poses in  this  title  provided  for  religious  incorporations,  and  subject  to 
all  the  conditions,  limitations,  and  provisions  in  said  title  prescribed. 
Every  corporation  sole  shall,  however,  have  power  to  contract  in  the 
same  manner  and  to  the  same  extent  as  a  natural  person,  and  may  sue 
and  be  sued,  and  may  defend,  in  all  courts  and  places,  in  all  matters 
and  proceedings  whatever,  and  shall  have  authority  to  borrow  money, 
and  give  promissory  notes  therefor,  and  to  secure  the  payment  thereof 
by  mortgage  or  other  lien  upon  property,  real  or  personal;  and  to  buy, 
sell,  lease,  mortgage,  and  in  every  way  deal  in  real  and  personal  prop- 
erty to  the  same  extent  and  in  the  same  manner  that  a  natural  person 
may,  and  without  the  order  of  any  court.  The  articles  of  incorpora- 
tion to  be  filed  shall  set  forth  the  facts  authorizing  such  incorporation, 
and  declare  the  manner  in  which  any  vacancy  occurring  in  the  incum- 
bency of  such  bishop,  chief  priest,  or  presiding  elder  is  required  by  the 
rules,  regulations,  or  discipline  of  such  denomination,  society,  or  church 
to  be  filled,  which  statement  shall  be  verified  by  affidavit,  and  for  proof 
of  the  appointment  or  election  of  such  bishop,  chief  priest,  or  presiding 
elder,  or  of  any  succeeding  incumbent  of  such  corporation,  it  shall  be 
sufficient  to  record  with  the  clerk  of  the  county  in  which  such  bishop, 
chief  priest,  or  presiding  elder  resides  the  original  or  a  copy  of  his 
commission,  or  certificate,  or  letters  of  election  or  appointment,  duly 
attested;  provided,  all  property  held  by  such  bishop,  chief  priest,  or 
presiding  elder  shall  be  in  trust  for  the  use,  purpose,  and  behoof  of  his 
religious  denomination,  society,  or  church.  The  limitation  in  section 
five  hundred  and  ninety-five  shall  not  apply  to  corporations  formed 
under  this  section,  when  the  land  is  held  or  used  for  churches,  hospitals, 
schools,  colleges,  orphan  asylums,  parsonages,  or  cemetery  purposes. 
Any  judge  of  the  Superior  Court  in  the  county  in  which  any  corporation 
is  formed  under  this  chapter  shall  at  all  times  have  access  to  the  books 
of  such  incorporation.  Any  corporation  sole  heretofore  organized  and 
existing  under  the  laws  of  this  State  may  elect  to  continue  its  existence 
under  this  title  by  filing  a  certificate  to  that  effect,  under  its  corporate 
seal  and  the  hand  of  its  incumbent,  or  amended  articles  of  incorpora- 
tion, in  the  form  required  by  this  title,  and  as  prescribed  by  section  two 
hundred  and  eighty-seven  of  this  Code;  and  from  and  after  the  filing 
of  such  certificate  or  amended  articles,  such  corporation  shall  be  entitled 


CIVIL    CODE.  71 

to  the  privileges  and  subject  to  the  duties,  liabilities,  and  provisions  in 
this  title  expressed. 

Section  603.     To  be  repealed. 

Note—  An  attempt  was  made  to  repeal  this  section  by  the  Act  of  March  11, 1887, 
the  repealing  Act  mentioning  Section  604  instead  of  Section  603  of  the  Code. 

Title  XIV.     The  heading  thereof  to  be  amended  to  read  as  follows: 
Agricultural  fair,  cooperative  and  business  corporations,  and  corpora- 
tions for  the  extension  and  promotion  of  trade  and  commerce,  and  for 
the  advancement,  protection,  and  improvement  of  mechanic  arts  and 
sciences. 

Section  623.     A  new  section  to  be  added  to  read  as  follows: 
Cooperative  business  corporations,  and  by-laws  thereof. 

Sec.  623.  A  cooperative  business  corporation  can  be  formed  for  the 
purpose  of  conducting  any  lawful  business,  and  of  dividing  a  portion 
of  its  profits  among  persons  other  than  its  stockholders,  under  division 
first,  part  four,  title  one,  of  this  Code,  and  the  by-laws  thereof,  in  addi- 
tion to  the  matters  enumerated  in  section  three  hundred  and  three  of 
this  Code,  may  provide  for  the  number  of  votes  to  which  each  stock- 
holder shall  be  entitled,  and  the  amount  of  profits  which  shall  be  divided 
among  persons  other  than  stockholders,  and  the  manner  in  which,  and 
the  persons  among  whom,  such  division  shall  be  made. 

Note.— This  section  contains  the  provisions  of  the  Act  of  April  1,  1878.    (Stats. 
1877-8,  p.  883.) 

Section  624.     A  new  section  to  be  added  to  read  as  follows: 

Formation  of  chambers  of  commerce,  boards  of  trade,  mechanic  institutes, 
and  other  kindred  associations. 
Sec.  624.  Corporations  for  the  organization  of  chambers  of  com- 
merce, boards  of  trade,  mechanic  institutes,  and  other  associations  for 
the  extension  and  promotion  of  trade  and  commerce,  and  for  the 
advancement,  promotion,  and  improvement  of  the  mechanical  arts  and 
sciences,  may  be  formed  under  the  provisions  of  this  title;  and  such 
corporations,  and  the  members  thereof,  shall  be  subject  to  the  liabilities 
imposed  by  this  title,  and  to  none  other.  Any  twenty  or  more  persons, 
who  may  desire  to  form  a  corporation  for  any  of  the  purposes  specified 
in  this  section,  shall  make,  sign,  and  acknowledge,  before  some  officer 
competent  to  take  acknowledgments  of  deeds,  and  file  in  the  office  of 
the  County  Clerk  of  the  county  in  which  the  principal  place  of  business 
of  the  corporation  is  intended  to  be  located,  and  a  certified  copy  thereof 
in  the  office  of  the  Secretary  of  State,  articles  of  incorporation,  in  which 
shall  be  stated  the  corporate  name  of  the  corporation,  the  object  for 
which  the  corporation  shall  be  formed,  the  time  of  the  existence,  not  to 


72  PROPOSED   AMENDMENTS   TO    THE 

exceed  fifty  years,  the  name  of  the  city,  or  town,  and  county,  in  which 
the  principal  place  of  business  of  the  corporation  is  to  be  located;  and, 
if  the  right  to  exercise  the  corporate  powers  of  the  corporation  is  con- 
fined to  a  board  of  directors,  board  of  trustees,  or  to  a  body  to  be  styled 
the  executive  committee  of  the  corporation,  the  articles  of  incorporation 
shall  state  that  fact,  and  whether  the  right  is  limited,  or  otherwise,  and 
the  names  of  those  who  shall  have  been  selected  to  manage  the  affairs 
of  the  corporation  for  the  first  six  months.  If  it  is  desired  that  such 
corporation  shall  have  a  capital  stock,  the  articles  of  incorporation 
shall  also  contain  a  statement  of  the  amount  of  such  capital  stock,  and 
the  number  of  shares  into  which  it  is  divided.  Upon  the  filing  of  a 
certified  copy  of  the  articles  of  incorporation  with  the  Secretary  of 
State,  he  must  issue  to  the  corporation,  over  the  great  seal  of  the  State, 
a  certificate,  that  a  copy  of  the  articles,  containing  the  required  state- 
ment of  facts,  has  been  filed  in  his  office;  and  thereupon  the  persons 
signing  the  articles,  and  their  associates  and  successors,  shall  be  a  body 
politic  and  corporate,  by  the  name  stated  in  the  certificate,  and  for  a 
term  not  to  exceed  fifty  years. 

Section  625.     A  new  section  to  be  added  to  read  as  follows  : 
By-laws  of  such  corporation. 

Sec.  625.  The  by-laws  of  corporations  formed  under  the  preceding 
section  shall  determine  the  manner  of  calling  and  conducting  the  meet- 
ings of  the  corporation,  the  number  of  members  that  shall  constitute  a 
quorum,  the  manner  of  levying  and  collecting  assessments,  the  officers 
of  the  same,  the  manner  of  their  election  or  appointment,  and  their 
tenure  of  office,  and  may  prescribe  penalties  for  the  violation  of  their 
by-laws,  not  to  exceed  in  any  case  one  hundred  dollars  for  any  one 
offense.  The  by-laws  of  all  corporations  formed  under  the  provisions 
of  the  preceding  section,  without  capital  stock,  shall  prescribe  how  the 
officers,  agents,  and  servants  shall  be  elected  or  appointed. 

Section  626.     A  new  section  to  be  added  to  read  as  follows: 
The  rights  and  powers  of  such  corporations. 

Sec.  626.  Corporations  formed  under  section  six  hundred  and  twenty- 
four  of  this  Code  shall  have  power  to  lease,  purchase,  hire,  hold,  use, 
take  possession  of,  or  enjoy  in  fee  simple,  or  otherwise,  any  personal  or 
real  estate,  within  this  State,  necessary  for  the  uses  and  purposes  of 
such  corporation,  and  to  sell,  lease,  deed  in  trust,  alien,  or  dispose  of 
the  same  at  their  pleasure.  All  real  estate  owned  by  such  corporation 
shall  be  held  in  the  name  of  the  same,  and  all  conveyances  made  by 
such  corporation  shall  be  signed  by  the  president  and  secretary,  and 
attested  by  the  corporate  seal;  provided,  that  no  such  corporation  shall 
engage  in  any  mercantile,  commercial,  or  mechanical  business.     Such 


CIVIL   CODE.  73 

corporation  shall  have  power  to  confer  upon  the  board  of  directors,  board 
of  trustees,  or  upon  a  body  to  be  known  as  the  executive  committee  of 
the  corporation,  the  right  to  exercise  all  or  any  portion  of  the  corporate 
powers  of  the  corporation. 

Section  627.     A  new  section  to  be  added  to  read  as  follows: 
Other  rights  and  powers  of  such  corporations. 

Sec.  627.  Corporations  formed  under  the  provisions  of  section  six 
hundred  and  twenty-four  of  this  title  shall  have  power: 

1.  To  sue  and  be  sued  in  any  court; 

2.  To  make  and  use  a  common  seal,  and  alter  the  same  at  pleasure; 

3.  To  elect  or  appoint  such  officers,  agents,  or  servants,  as  the  busi- 
ness of  the  corporation  shall  require; 

4.  To  make  by-laws  not  inconsistent  with  the  constitution  and  laws 
of  this  State,  nor  unreasonable  in  their  practical  operation,  for  the 
organization  of  the  corporation  and  the  management  of  its  affairs. 

Corporations  formed  under  section  six  hundred  and  twenty-four  of 
this  title,  if  they  have  a  capital  stock,  shall  determine  by  their  by-laws 
the  relative  rights  of  stockholders  and  members  at  large. 

Note. — The  four  proposed  preceding  sections  contain  the  material  provisions  of 
the  Act  of  March  31,  1866,  to  provide  for  the  formation  of  chambers  of  commerce, 
boards  of  trade,  mechanic  institutes,  and  other  kindred  associations.  (See  Stats, 
1866,  p.  469.) 

Section  628.     To  be  repealed. 

Note.— The  section  conflicts  with  Article  XI,  Section  19,  of  the  Constitution. 
Titlp:  XVI.     To  be  amended  to  read  as  follows: 

TITLE  XVI. 
BUILDING  and  loan  associations. 

Section  633.  What  are  building  and  loan  associations — Commissioners 
may  determine. 

Sec.  633.  The  name  u  building  and  loan  association,"  and  all  refer- 
ence to  the  same  as  "  association  "  or  "  associations,"  as  used  in  this 
title,  shall  include  all  corporations,  societies,  or  organizations,  invest- 
ment companies,  or  associations,  whether  organized  in  this  State  or 
represented  by  agents,  doing  a  savings  and  loan  or  investment  business, 
and  which  are  not  under  the  direct  supervision  of  the  Bank  Commis- 
sioners or  the  Insurance  Commissioner,  and  whether  issuing  certifi- 
cates of  stock  which  mature  at  a  time  fixed  in  advance  or  not,  and  shall 
also  include  any  association  or  company  which  is  based  on  the  plan  of 
building  and  loan  associations,  and  which  contains  features  similar  to 


74  PROPOSED    AMENDMENTS    TO   THE 

such  associations,  and  the  Commissioners  of  the  Building  and  Loan 
Associations  are  hereby  vested  with  the  power  of  determining  whether 
such  association  or  associations  contain  such  features  as  are  based  on 
plans  similar  to  those  of  building  and  loan  associations,  and  whether 
they  properly  come  within  the  purview  of  this  title. 

Section  634.  Corporations  may  be  formed — What  articles  shall  con- 
tain— Capital  stock,  and  how  paid  in. 

Sec.  634.  Corporations  may  be  formed  subject  to  the  provisions  of 
this  title,  and  with  all  the  rights,  duties,  and  powers  herein  specified. 
Such  corporations  shall  be  known  as  mutual  building  and  loan  associa- 
tions, and  the  words  "mutual  building  and  loan  association"  shall 
form  part  of  the  name  of  every  such  corporation.  The  articles  of  incor- 
poration, in  setting  forth  the  purposes  for  which  the  corporation  is 
formed,  shall  state  that  it  is  formed  to  encourage  industry,  frugality, 
home  building  among  the  stockholders;  the  accumulation  of  savings; 
the  loan  to  its  stockholders  of  the  funds  so  accumulated,  with  the  profits 
and  earnings;  and  the  repayment  to  each  stockholder  of  his  savings 
and  profits  when  they  have  accumulated  to  a  certain  sum,  or  at  any 
time  when  he  shall  desire  the  same,  as  provided  in  the  by-laws,  or  when 
the  corporation  shall  desire  to  repay  the  same;  and  shall  also  state  that 
it  is  formed  for  all  the  purposes  specified  in  this  title. 

The  capital  stock  of  such  corporations  shall  be  paid  in  by  the  stock- 
holders in  regular,  equal,  periodical  payments,  at  such  times  and  in 
such  amounts  as  shall  be  provided  in  the  by-laws.  Such  periodical 
payments  shall  be  called  dues.  And  at  or  before  a  time  to  be  stated  in 
the  by-laws,  each  stockholder  shall  pay  to  the  corporation,  upon  each 
share  of  stock  held  by  him,  such  an  amount  of  dues  as  the  by-laws 
shall  provide;  and  the  payment  of  dues  shall  so  continue  on  each  share 
of  stock  issued  till  it  reaches  its  matured  value,  or  is  withdrawn,  can- 
celed, or  forfeited.  The  capital  stock  shall  consist,  primarily,  of  the 
accumulated  dues  paid  in,  and  secondarily,  of  such  profits  as  may  be 
apportioned  to  such  shares  whenever  such  dues  and  profits  shall  be 
sufficient  to  mature  the  shares  of  any  particular  series.  The  full-paid 
capital  stock  of  such  association  shall  in  no  case  exceed  two  million 
dollars.  It  shall  be  divided  into  shares  of  matured  or  par  value  of  one 
hundred  dollars  or  two  hundred  dollars  each,  as  shall  be  provided  in 
the  articles  of  incorporation  and  fixed  by  the  by-laws.  Certificates  of 
stock  shall  be  issued  to  each  stockholder  on  the  first  payment  of  dues 
by  him.  The  shares  shall  be  issued  in  yearly,  half-yearly,  or  quarterly 
series,  in  such  amounts  in  each  series,  and  at  such  times,  as  shall  be 
determined  by  the  board  of  directors.  No  shares  of  a  prior  series  shall 
be  issued  after  the  issuing  of  shares  in  a  new  series.  Shares  which  have 
not  been  pledged  as  a  security  for  the  repayments  of  a  loan  shall  be 


CIVIL   CODE.  75 

called  free  shares.  Shares  that  have  been  so  pledged  shall  be  called 
pledged  shares.  All  stock  matured  and  surrendered  or  canceled  in  any 
series  shall  become  the  property  of  the  corporation,  and  may  be  issued 
in  any  subsequent  series.  Payment  of  dues  on  shares  of  stock  in  each 
series  shall  commence  from  the  time  that  shares  began  to  be  issued  in 
such  series.  Any  such  corporation  shall  have  power  by  its  by-laws  to 
impose  and  collect  a  fine  from  each  stockholder,  not  exceeding  ten  per 
cent  of  the  defaulted  amount,  for  any  failure,  neglect,  or  refusal  to  make 
his  payments  of  dues  on  the  regular  payday  specified.  On  any  default 
in  the  payment  of  interest,  premium,  or  fees,  or  on  the  failure,  neglect, 
or  refusal  of  any  borrower  to  refund  any  moneys  advanced  by  the  asso- 
ciation to  protect  the  mortgaged  property  from  the  action  of  mechanics' 
liens  or  tax  liens  (other  than  taxes  on  said  mortgage),  or  a  failure  or 
refusal  to  repay  money  advanced  for  the  payment  of  insurance  premiums 
or  other  similar  charges  against  the  mortgaged  property,  the  association 
shall  have  power  to  levy  a  fine,  not  exceeding  five  per  cent  on  such 
defaulted  amount.  On  the  cumulative  amount  of  such  dues,  delinquen- 
cies, and  advances  upon  which  a  first  fine  of  five  or  ten  per  cent  may 
have  been  imposed,  the  association  shall  have  power  to  levy  a  fine,  not 
exceeding  two  per  cent,  on  each  succeeding  regular  payday  after  the 
first,  during  such  default.  Every  such  corporation  shall  also  have 
power  to  charge  an  entrance  fee  upon  each  share  of  stock  issued,  not 
exceeding  ten  cents  on  each  share,  and  may  also  charge  a  transfer  fee, 
not  exceeding  ten  cents  on  each  share,  all  of  which  shall  be  paid  into  the 
treasury  and  accounted  for  as  all  other  funds  of  the  association.  Pay- 
ment of  dues  or  interest  may  be  made  in  advance,  but  no  association 
shall  allow  interest  on  such  advance  payments  at  a  greater  rate  than 
six  per  cent  per  annum,  nor  for  a  longer  period  than  one  year. 

Section  635.     Free  shares — How  may  be  withdrawn. 

Sec.  635.  The  directors  may,  at  their  discretion,  under  the  regula- 
tions prescribed  in  their  by-laws,  retire  the  free  shares  of  any  series  of 
stock,  at  any  time  after  four  years  from  the  date  of  their  issue,  by 
enforcing  the  withdrawal  of  the  same;  but  whenever  there  shall  remain 
in  any  series  at  the  expiration  of  five  years  after  the  date  of  its  issue, 
an  excess  above  one  hundred  free  shares  of  the  par  value  of  two  hundred 
dollars  each,  or  two  hundred  free  shares  of  the  par  value  of  one  hundred 
dollars  each,  then  it  shall  be  the  duty  of  the  directors  to  retire  annually 
twenty-five  per  cent  of  such  excess  existing  at  said  expiration  of  five 
years  after  the  date  of  its  issue,  so  that  no  more  than  one  hundred  free 
shares  shall  remain  in  such  series  at  the  expiration  of  nine  years  from 
the  date  of  its  issue;  provided,  that  no  more  than  one  half  of  the  monthly 
receipts  shall  be  used  for  that  purpose;  and  thereafter  the  directors  may, 
in  their  discretion,  retire  such  other  free  shares  as  they  consider  it  to  the 


76  PROPOSED   AMENDMENTS   TO   THE 

best  interest  of  the  association  to  retire;  provided,  that  whenever,  under 
the  provisions  of  this  section,  the  withdrawal  of  shares  is  to  be  enforced, 
the  shares  to  be  retired  shall  be  determined  by  lot,  drawn  from  all  free 
shares  in  the  series,  as  shall  be  regulated  by  the  by-laws,  and  the 
holders  thereof  shall  be  paid  the  amount  actually  paid  in,  and  the  full 
amount  of  earnings  at  the  date  of  last  apportionment  of  profits. 

Section  636.  Proceedings  when  stock  matured — Moneys,  how  loaned — 
Premium — Interest. 

Sec.  636.  When  the  stock  in  any  series  shall  have  reached  its 
matured  value,  payment  of  dues  thereon  shall  cease,  and  all  the  stock- 
holders in  such  series  who  have  borrowed  from  the  association  shall  be 
entitled  to  have  their  securities  returned  to  them,  and  a  satisfaction  of 
the  mortgages  made  by  them  to  the  association;  and  the  holders  of  free 
shares  of  stock  in  such  series  shall  be  paid,  out  of  the  funds  of  the 
association,  the  matured  value  thereof,  with  such  rate  of  interest  as  shall 
be  determined  by  the  by-laws,  from  the  time  the  board  of  directors 
shall  declare  such  shares  to  have  been  matured,  until  paid;  but  at  no 
time  shall  more  than  one  third  of  the  receipts  of  the  association  be 
applicable  to  the  payment  of  matured  shares  without  the  consent  of  the 
board  of  directors.  The  order  of  the  payment  of  the  matured  shares 
shall  be  determined  by  the  by-laws. 

The  moneys  in  the  hands  of  the  treasurer,  and  such  sums  as  may  be 
borrowed  by  the  corporation  for  the  purpose,  shall  be  loaned  out  in 
open  meeting  to  the  member  who  shall  bid  the  highest  premium,  or  may 
be  loaned  out  at  such  premium  as  may  be  fixed,  from  time  to  time, 
by  the  board  of  directors;  and  the  premium  may  be  deducted  from 
the  amount  of  the  loan,  or  such  proportion  may  be  deducted  as  the 
by-laws  shall  provide,  and  in  that  case  the  balance  of  said  premium 
shall  be  payable  in  such  installments  as  the  by-laws  shall  determine; 
provided,  however,  that  where  the  premium  is  payable  in  installments, 
the  number  of  installments  into  which  the  same  is  divided  shall  be 
uniformly  applicable  to  all  loans  made  by  the  corporation,  and  shall  be 
payable  at  the  times  and  in  the  manner  as  provided  in  the  by-laws; 
and  provided  further,  that  in  no  case  shall  the  amount  loaned  exceed 
the  matured  value  of  the  shares  pledged  to  secure  the  loan. 

The  rate  of  interest  on  all  loans  may  be  fixed  by  the  by-laws, 
but  in  case  the  by-laws  fail  to  fix  the  rate,  then  it  shall  be  fixed 
from  time  to  time  by  the  board  of  directors.  For  every  loan  made, 
a  note  or  obligation  secured  by  a  first  mortgage  upon  unincumbered 
real  estate  shall  be  given,  accompanied  by  a  transfer  and  pledge  to 
the  association  of  the  shares  borrowed  upon,  as  collateral  security 
for  the  repayment  of  the  loan;  or,  in  lieu  of  the  mortgage,  there  may  be 
pledged  and  transferred  to  the  association,  for  the  payment  of  the  loan, 


CIVIL   CODE.  77 

free  shares,  the  withdrawal  value  of  which  under  the  by-laws,  at  the 
time  of  such  borrowing,  shall  exceed  the  amount  borrowed  and  interest 
thereon  for  six  months.  At  the  discretion  of  the  board  of  directors,  a 
borrower  may  repay  a  loan,  and  all  arrears  of  interest  and  fines  thereon 
at  any  time  upon  the  surrender  of  the  shares  pledged  for  the  loan. 

Section  637.     Member  in  arrears — Proceedings  on. 

Sec.  637.  Whenever  any  member  shall  be  six  months  in  arrears  in 
the  payment  of  his  dues  upon  free  shares,  the  secretary  shall  give  him 
notice  thereof,  in  writing,  and  a  statement  of  his  arrearages,  by  mailing 
the  same  to  him  at  the  last  post  office  address  given  by  him  to  the 
association,  and  if  he  shall  not  pay  the  same  within  two  months  there- 
after, the  board  of  directors  may,  at  their  option,  declare  his  shares 
forfeited;  and  at  the  time  of  such  forfeiture  the  withdrawal  value 
thereof  shall  be  determined  and  stated,  and  the  defaulting  member 
shall  be  entitled  to  withdraw  the  same  without  interest,  upon  such 
notice  as  shall  be  required  of  a  withdrawing  shareholder.  Whenever 
a  borrowing  member  shall  be  six  months  in  arrears  in  the  payment  of 
his  dues,  or  interest,  or  premium,  the  whole  loan  shall  become  due  at 
the  option  of  the  board  of  directors,  and  they  may  proceed  to  enforce 
collection  upon  securities  held  by  the  association.  The  withdrawal 
value,  at  the  time  of  the  commencement  of  the  action,  of  all  shares 
pledged  as  collateral  security  for  the  loan,  shall  be  applied  to  the  pay- 
ment of  the  loan,  and  said  shares,  from  that  time,  shall  be  deemed 
surrendered  to  the  association. 

Section  638.  Associations  may  purchase  property  and  borrow  money — 
Profits  and  losses  may  be  apportioned. 

Sec.  638.  Any  such  association  may  purchase  at  any  sale,  public  or 
private,  any  real  estate  upon  which  it  may  have  a  mortgage,  judgment, 
lien,  or  other  incumbrance,  or  in  which  it  may  have  an  interest;  and 
may  sell,  convey,  lease,' or  mortgage  the  same  at  pleasure  to  any  person 
or  persons,  and  may  borrow  money  for  the  purpose  of  making  loans  or 
paying  withdrawals.  Profits  and  losses  shall  be  apportioned  at  least 
annually,  and  shall  be  apportioned  to  all  the  shares  in  each  series  out- 
standing at  the  time  of  such  apportionment,  according  to  the  actual 
value  of  such  shares  as  distinguished  from  their  withdrawal  value. 

Section  639.  Who  may  become  member — Shares  exempt  from  execu- 
tion— Stockholders  may  withdraw  upon  notice — Withdrawal  value  of 
shares;  how  paid. 

Sec.  639.  Any  person  of  the  age  of  majority  and  of  sound  mind  may 
become  a  member  of  the  association  by  taking  one  or  more  shares 
therein,  and  subscribing  to  the  by-laws  and  annexing  to  his  signature 
his  post  office  address.     A  minor  may  hold  shares  in  the  name  of  the 


78  PROPOSED   AMENDMENTS   TO   THE 

parent,  guardian,  or  next  friend,  as  trustee.  The  shares  of  stock  in 
any  such  corporation  held  by  any  person,  to  the  value  of  one  thou- 
sand dollars,  shall  be  exempt  from  execution. 

Stockholders  desiring  to  withdraw  from  any  association,  or  to  sur- 
render a  part  or  all  of  their  stock,  shall  have  power  to  do  so  by 
giving  thirty  days'  notice,  in  writing,  of  such  intention  to  withdraw. 
On  the  expiration  of  such  notice,  the  stockholder  so  withdrawing  shall 
be  entitled  to  receive  the  full  amount  paid  in  by  him  or  her,  together 
with  such  proportion  of  the  earnings  thereon  as  the  by-laws  may  pro- 
vide, or  as  may  have  been  fixed  by  the  board  of  directors;  provided,  that 
no  more  than  one  half  of  the  monthly  receipts  in  any  one  month  shall 
be  applied  to  withdrawals  for  that  month,  without  the  consent  of  the 
board  of  directors,  and  no  shareholder  shall  be  permitted  to  withdraw 
whose  stock  is  pledged  as  security  to  the  association  for  a  loan  until 
such  loan  is  fully  paid.  Such  withdrawals  shall  be  paid  in  succession, 
in  the  order  in  which  the  notices  are  given.  All  payments  on  shares, 
and  such  portion  of  profits  as  the  by-laws  or  board  of  directors  may  pro- 
vide to  be  paid  to  withdrawing  members,  shall  be  construed  as  partial 
payments  on  the  note  or  other  obligation  given  by  the  borrower,  in  the 
event  that  the  borrower  elects  and  is  permitted  to  discharge  his  obliga- 
tion before  maturity.  Interest  shall  be  payable  on  the  full  amount  of  the 
loan  until  paid.  For  the  purposes  of  taxation,  the  cancellation  value  of 
the  mortgage  on  the  first  Monday  in  March  of  each  year  (the  amount  that 
would  be  required  at  that  time  to  cancel  said  loan  if  paid  ofT,  the  shares 
being  surrendered)  shall  constitute  the  assessable  value  of  said  mortgage. 

Section  640.     Associations  may  insure  the  lives  of  members  and  debtors. 

Sec.  640.  Such  corporations  may  insure,  in  some  life  insurance  com- 
pany incorporated  under  the  laws  of  this  State,  the  lives  of  its  mem- 
bers and  debtors.  In  case  of  death  of  a  debtor  or  member  so  insured, 
the  amount  recovered  on  the  policy  must  be  applied  to  extinguish  the 
indebtedness,  including  the  premium  paid,  and  the  residue,  if  any,  must 
be  paid  to  the  legal  representative  of  the  decedent. 

Section  641.  Secretary  must  prepare  and  file  annual  statement— Two 
associations  may  consolidate. 

Sec.  641.  The  secretary  of  any  such  corporation  must,  at  least  once  in 
each  year  during  the  existence  of  the  corporation,  'prepare  a  full  and 
explicit  statement  showing  the  condition  of  the  financial  affairs  thereof 
at  twelve  o'clock  meridian  on  the  first  Monday  of  March  of  each  year, 
comprising  a  balance-sheet,  statements  of  receipts  and  expenditures, 
profit  and  loss,  and  assets  and  liabilities,  which  must  be  audited  and 
verified  by  two  competent  persons  (not  directors),  and,  as  to  the  value  of 
the  assets,  be  verified  by  a  majority  of  the  directory  thereof,  elected  by 
the  general  body  of  shareholders,  and  be  countersigned  by  the  president 


CIVIL    CODE.  79 

and  secretary.  A  copy  of  such  statement  must  be  printed  and  circulated 
among  the  members,  and  appear  immediately  after  the  annual  meeting 
of  the  corporation,  daily  at  least  one  week,  or  weekly  at  least  four  weeks 
in  one  or  more  newspapers  published  at  the  place  of  the  principal  busi- 
ness of  the  corporation,  and  a  copy  thereof  must  be  filed  in  the  office  of 
the  Assessor  of  the  county  where  such  publication  is  made.  Any  two  or 
more  such  corporations  may  unite  and  become  incorporated  in  one  body, 
with  or  without  any  dissolution  or  division  of  the  funds  of  such  corpora- 
tion, or  either  of  them;  or  any  such  corporation  may  transfer  its  engage- 
ments, funds,  and  property  to  any  other  such  corporation,  upon  such 
terms  as  may  be  agreed  upon  by  two  thirds  of  the  members  of  each  of  such 
bodies  present  at  general  meetings  of  the  members  convened  for  the  pur- 
pose by  notice,  stating  the  object  of  the  meeting,  sent  through  the  post 
office  to  every  member,  and  by  general  notice  appearing  daily  at  least 
one  week,  or  weekly  at  least  two  weeks,  in  some  newspaper  published  at 
the  place  of  the  principal  business  of  the  corporation ;  but  no  such  transfer 
can  prejudice  any  right  of  any  creditor  of  either  corporation. 

Section  642.  Foreign  associations  must  deposit  fifty  thousand  dollars 
with  State  officer  for  security  of  members  in  this  State. 

Sec.  642.  No  mutual  building  and  loan  association,  or  company, 
association,  or  corporation  organized  under  the  laws  of  any  other  State 
or  Territory,  to  carry  on  a  business  of  a  like  character  to  that  author- 
ized by  this  title,  shall  be  allowed  to  do  business  or  to  sell  their  stock 
in  this  State,  without  first  having  deposited  with  the  State  Controller  or 
Secretary  of  State  the  sum  of  fifty  thousand  dollars  in  money,  or  in  United 
States  bonds,  or  in  municipal  bonds  of  this  State,  or  in  mortgages  upon  real 
estate  located  within  this  State,  as  a  guarantee  fund  for  the  protection 
and  indemnity  of  residents  of  the  State  of  California  with  whom  such 
company,  association,  or  corporation  shall  do  business.  The  fund  so 
deposited  shall  be  paid  by  the  custodian  thereof  to  the  residents  of  Cali- 
fornia only,  and  not  then  until  proof  of  claim,  by  final  judgment,  has 
been  filed  with  the  custodian  of  said  fund  against  such  foreign  company, 
association,  or  corporation.  Any  of  the  securities  so  deposited  may  be 
withdrawn  at  any  time  upon  others,  herein  provided  for,  of  like  amount, 
being  substituted  in  lieu  thereof.  Any  person  or  persons  who  shall  be 
found  in  this  State  as  agent,  or  in  any  other  capacity  representing  such 
foreign  company,  association,  or  corporation  which  has  not  complied 
with  the  provisions  of  this  section,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  be  punished  by  a  fine  not  exceeding 
one  thousand  dollars,  or  by  imprisonment  in  a  county  jail  for  not 
exceeding  twelve  months,  or  by  both  such  fine  and  imprisonment. 


80  PROPOSED   AMENDMENTS   TO   THE 

Section  643.  Building  and  Loan  Commissioners,  their  salaries  and 
secretary. 

Sec.  643.  All  building  and  loan  associations  heretofore  or  hereafter 
incorporated  under  the  laws  of  this  State,  or  of  any  other  State  or  Terri- 
tory, or  those  of  any  foreign  country,  and  doing  business  in  this  State, 
shall  be  subject  to  the  examination  and  supervision  of  a  Board  of  Com- 
missioners of  Building  and  Loan  Associations,  which  board  shall  consist 
of  two  commissioners,  each  of  whom  shall  be  an  expert  of  accounts,  and 
shall  be  appointed  by  the  Governor,  within  thirty  days  after  the  passage 
of  this  title,  to  hold  office  for  the  period  of  four  years,  and  until  their 
successors  are  appointed  and  qualified.  The  commissioners  shall  each 
receive  a  salary  of  twenty-four  hundred  dollars  per  annum  and  necessary 
traveling  expenses,  not  to  exceed  for  the  two  commissioners  and  their 
secretary  the  sum  of  seven  hundred  dollars  per  annum.  Said  commis- 
sioners are  hereby  authorized  to  appoint  a  secretary,  at  a  salary  not  to 
exceed  twelve  hundred  dollars  per  annum,  who  shall  have  power  to 
examine  the  books  and  affairs  of  the  associations,  the  same  as  the  com- 
missioners. All  said  salaries  and  traveling  expenses  shall  be  audited  by 
the  State  Controller,  and  paid  in  the  same  manner  as  the  salaries  of 
other  state  officers.  The  commissioners  shall  have  their  office  in  San 
Francisco,  which  office  shall  be  kept  open  for  business  every  business 
day.  and  during  such  hours  as  are  commonly  observed  by  the  banks  of 
that  city  as  banking  hours.  They  shall  procure  rooms  for  their  office  at 
a  monthly  rental  not  exceeding  forty  dollars.  They  may  also  provide 
fuel,  stationery,  printing,  and  other  necessary  conveniences  connected 
with  their  office,  not  to  exceed  an  aggregate  cost  of  four  hundred  dollars 
per  annum.  All  expenses  authorized  in  this  section  shall  be  audited 
and  paid  in  the  same  manner  as  the  salary  of  the  commissioners.  The 
commissioners,  before  entering  upon  the  duties  of  their  office,  must  each 
execute  an  official  bond  in  the  sum  of  five  thousand  dollars,  and  take 
the  oath  of  office  as  prescribed  by  the  Political  Code  for  state  officers 
in  general.  The  secretary  appointed  by  said  commissioners  shall  execute 
a  bond  in  the  sum  of  two  thousand  dollars,  and  take  the  oath  of  office  as 
prescribed  by  said  Political  Code. 

Section  644.     Powers  and  duties  of  commissioners. 

Sec.  644.  The  duties  of  the  Commissioners  of  Building  and  Loan 
Associations  shall  be,  to  furnish  to  all  corporations  legally  authorized  to 
transact  the  business  of  a  building  and  loan  association  within  this 
State  a  license  authorizing  them  to  transact  the  business  of  a  building 
and  loan  association  for  one  year  from  the  date  of  said  license;  to 
receive,  and  place  on  file  in  their  office,  the  annual  reports  required  to  be 
made  by  building  and  loan  associations  by  this  title;  to  supply  each 
association  with  blank  forms  and  such  statements  as  the  commissioners 


CIVIL   CODE.  81 

may  require;  to  make,  on  or  before  the  first  day  of  October  of  each 
year,  a  tabulated  report  to  the  Governor  of  this  State,  showing  the  con- 
dition of  all- institutions  examined  by  them,  with  such  recommendations 
as  they  may  deem  proper,  accompanied  by  a  detailed  statement,  verified 
by  oath,  of  all  moneys  received  and  expended  by  them  since  their  last 
report. 

The  commissioners  shall  visit,  once  in  every  year,  and  as  much  oftener 
as  they  may  deem  expedient,  every  building  and  loan  association  doing 
business  in  this  State.  At  such  visits  they  shall  have  free  access  to  the 
vaults,  books,  and  papers,  and  shall  thoroughly  inspect  and  examine  all 
the  affairs  of  each  of  said  corporations,  and  make  such  inquiries  as 
may  be  necessary  to  ascertain  its  condition  and  ability  to  fulfill  all  its 
engagements,  and  whether  it  has  complied  with  the  provisions  of  law 
governing  such  associations;  they  shall  preserve,  in  a  permanent  form, 
a  full  record  of  their  proceedings,  including  a  statement  of  the  condition 
of  each  of  said  corporations,  which  shall  be  open  to  the  inspection  of 
the  public  during  their  office  hours. 

To  facilitate  the  examinations  of  the  commissioners  as  specified  in 
this  title,  every  association  shall  keep  a  book  of  records,  written  in  ink, 
showing  the  appraised  values  of  the  real  estate  security  held  in  con- 
nection with  each  loan,  and  signed  in  each  case  by  the  appraiser,  or 
officer  or  committee  of  the  association  making  such  estimated  value. 
The  commissioners  shall  have  power  to  order  a  re-valuation  of  the  secur- 
ities of  any  building  and  loan  association  when  they  deem  it  necessary, 
and  may,  for  that  purpose,  appoint  local  appraisers  at  the  expense  of 
such  association,  the  total  expense  of  such  appraisement  not  to  exceed 
two  dollars  and  fifty  cents  for  each  piece  of  property  examined  and 
appraised.  Each  appraiser  shall  make  a  sworn  report  to  the  commis- 
sioners of  the  appraised  values  of  all  property  examined. 

Either  of  the  commissioners  may  summon  all  trustees,  officers,  or 
agents  of  any  such  corporation,  and  such  other  witnesses  as  he  thinks 
proper,  in  relation  to  the  affairs,  transactions,  and  condition  of  the  cor- 
poration, and  for  that  purpose  may  administer  oaths;  and  whoever 
refuses,  without  justifiable  cause,  to  appear  and  testify  when  thereto 
required,  or  obstructs  a  commissioner  in  the  discharge  of  his  duty,  shall 
be  punished  by  a  fine  not  exceeding  one  thousand  dollars,  or  by  impris- 
onment not  exceeding  one  year,  or  by  both  such  fine  and  imprisonment. 

Section  645.  Commissioners  shall  notify  Governor  and  Attorney- Gen- 
eral when  associations  in  unsafe  condition — Attorney- General  shall  insti- 
tute suit — Appoint  receiver. 

Sec.  645.  If  the  commissioners,  upon  examination  of  any  corpora- 
tion under  their  supervision,  find  that  such  corporation  has  been  vio- 
lating the  provisions  of  law  governing  such  associations,  or  is  conducting 
6— c 


32  PROPOSED   AMENDMENTS   TO   THE 

its  business  in  an  unsafe  manner,  such  as  to  render  its  further  proceed- 
ing hazardous  to  the  public,  or  to  those  having  funds  in  its  custody,  they 
shall  notify  the  Governor  and  the  Attorney-General  of  such  facts,  and 
the  Attorney-General,  in  his  discretion,  may  apply  to  the  judge  of  the 
Superior  Court  of  the  county  in  which  such  corporation  is  doing  busi- 
ness, to  issue  an  injunction  restraining  such  corporation,  in  whole  or 
in  part,  from  further  proceeding  with  its  business  until  a  hearing  can 
be  had.  Such  judge  may,  in  such  application,  issue  such  injunction, 
and  after  a  full  hearing,  may  dissolve  or  modify  it,  or  make  it  perpetual, 
and  may  make  .such  orders  and  decrees  according  to  the  course  of 
proceedings  in  equity,  to  restrain  or  prohibit  the  further  prosecution 
of  the  business  of  the  corporation,  as  may  be  needful  in  the  premises; 
and  may  appoint  one  or  more  receivers  to  take  possession  of  its  prop- 
erty and  effects,  subject  to  such  directions  as  may  from  time  to  time  be 
prescribed  by  the  court. 

If  either  of  the  commissioners,  having  knowledge  of  the  insolvent 
condition,  or  any  violation  of  law,  or  unsafe  practice  of  any  association 
under  their  supervision,  such  as  renders,  in  their  opinion,  the  conduct 
of  its  business  hazardous  to  its  shareholders  or  depositors,  and  shall 
fail  to  report  the  same  in  writing  to  the  Attorney-General,  as  required 
by  this  title,  then  such  commissioner,  on  conviction  thereof,  shall  be 
punished  by  a  fine  of  not  less  than  five  thousand  dollars,  nor  more  than 
ten  thousand  dollars,  or  by  imprisonment  in  the  county  jail  not  less 
than  one  year,  nor  more  than  two  years,  or  by  both  such  fine  and 
imprisonment,  and  his  ofhce  shall  be  declared  vacant  by  the  Governor, 
and  a  successor  appointed  to  fill  his  unexpired  term. 

When  receivers  are  so  appointed,  the  secretary  of  the  corporation  shall 
make  a  schedule  of  all  its  property,  and  its  secretary,  board  of  invest- 
ment, and  other  ofiicers,  transferring  its  property  to  the  receivers,  shall 
make  oath  that  said  schedule  sets  forth  all  the  property  which  the  cor- 
poration owns,  or  is  entitled  to.  The  secretary  shall  deliver  said  schedule 
to  the  receivers,  and  a  copy  thereof  to  the  commissioners,  who  may  at 
any  time  examine,  under  oath,  such  secretary,  board  of  investment,  or 
other  officers,  in  order  to  determine  whether  or  not  all  the  property 
which  the  corporation  owns,  or  is  entitled  to,  has  been  transferred  to 
the  receivers. 

Section  646.  Commissioners  to  make  annual  inspection  of  associa- 
tions— Other  examinations. 

Sec.  646.  The  commissioners,  or  one  of  them,  shall,  at  least  once  in 
each  year,  and  as  much  oftener  as  they  may  deem  expedient,  examine 
the  accounts  and  doings  of  all  such  receivers,  and  shall  carefully  examine 
and  report  upon  all  accounts  and  reports  of  receivers  made  to  the  proper 
court  and  referred  to  the  commissioners  by  the  court,  and,  for  the  pur- 


CIVIL   CODE.       1  83 

poses  of  this  section,  shall  have  free  access  to  the  books  and  papers 
relating  to  the  transactions  of  such  receivers,  and  may  examine  them 
under  oath  relative  to  such  transactions.  Upon  the  certificate,  under 
oath,  of  any  five  or  more  officers,  trustees,  creditors,  shareholders,  or 
depositors  of  any  such  corporation,  setting  forth  their  interest  and  the 
reasons  for  making  such  examination,  directed  to  the  commissioners, 
and  requesting  them  to  examine  such  corporation,  they  shall  forthwith 
make  a  full  investigation  of  its  affairs,  in  the  manner  provided.  The 
commissioners,  if  in  their  opinion  any  such  corporation,  or  its  officers 
or  trustees,  have  violated  any  law  in  relation  to  such  corporations,  shall 
forthwith  report  the  same,  with  such  remarks  as  they  deem  expedient, 
to  the  Attorney-General,  who  shall  forthwith  institute  a  prosecution  for 
such  violation,  in  behalf  of  the  people  of  the  State. 

Section  647.     Expenses  of  commissioners,  how  paid. 

Sec.  647.  To  meet  the  expenses  provided  by  this  title,  every  building 
and  loan  association,  or  corporation  or  association  doing  business  on  the 
building  and  loan  plan,  shall  pay,  in  advance,  to  the  commissioners,  its 
pro  rata  amount  of  such  expenses,  to  be  determined  by  an  assessment 
levied  on  the  shares  of  each  of  such  associations  in  force  on  the  thirty- 
first  day  of  December  of  each  year,  according  to  the  par  value  of  such 
shares.  The  said  commissioners  shall  levy  and  collect,  in  advance,  such 
assessment  on  the  shares  of  all  such  associations  in  force  as  per  report, 
herein  provided  for,  to  be  made  to  said  commissioners,  of  the  condition 
of  such  associations  at  the  close  of  business  on  December  thirty-first  of 
each  year;  provided,  however,  that  no  association  shall  pay  less  than  ten 
dollars  per  annum,  and  all  associations  hereafter  organized  shall  each 
pay  to  the  commissioners  for  their  licenses  not  less  than  one  dollar  per 
month  for  the  term  expiring  December  thirty-first  succeeding,  dating 
from  the  time  of  application  for  license. 

The  collection  of  all  moneys  assessed,  as  herein  provided,  for  the 
annual  expenses,  or  forfeitable  as  fines  for  failure  to  make  reports  as 
herein  specified,  and  due  from  any  corporation  or  association  coming 
within  the  provisions  of  this  title,  may  be  enforced  by  action  instituted 
in  any  court  of  competent  jurisdiction;  and  all  moneys  collected  or  re- 
ceived by  the  said  commissioners  under  this  title,  shall  be  deposited 
with  the  State  Treasurer,  to  the  credit  of  a  fund  to  be  known  and  desig- 
nated as  the  "building  and  loan  association  inspection  fund." 

Section  648.  Associations  must  procure  license  before  engaging  in 
business — Annual  report  to  commissioners. 

Sec.  648.  No  association  shall  transact  business  in  this  State  without 
first  procuring  from  the  Commissioners  of  the  Building  and  Loan  Associa- 
tions a  certificate  of  authority  or  license  to  do  so.     To  procure  such 


84  PROPOSED   AMENDMENTS    TO   THE 

authority  it  must  file  with  the  said  commissioners  a  certified  copy  of  its 
articles  of  incorporation,  constitution,  and  by-laws,  and  all  other  printed 
rules  and  regulations  relating  to  its  methods  of  conducting  business,  and 
of  all  subsequent  amendments  or  changes  thereto,  and  otherwise  comply 
with  all  requirements  of  law.  No  association,  after  the  expiration  of 
the  term  for  which  a  license  has  been  granted  to  it  by  the  Commissioners 
of  the  Building  and  Loan  Associations,  shall  continue  to  transact  the 
business  of  a  building  and  loan  association  without  first  procuring  from 
said  commissioners  a  renewal  of  such  license  on  the  terms  provided  for 
in  this  title;  and  any  corporation  violating  this  provision  shall  forfeit 
the  sum  of  ten  dollars  per  day  during  the  continuance  of  the  offense; 
and  any  violation  of  this  section  by  any  officer  of  such  association  shall 
be  a  misdemeanor.  The  commissioners  are  authorized  and  empowered 
to  revoke  the  license  of  any  association  under  their  supervision,  the 
solvency  whereof  is  imperiled  by  losses  or  irregularities;  and  the  com- 
missioners, immediately  upon  revoking  such  license,  shall  report  the 
facts  to  the  Attorney-General,  who  shall  thereupon  take  such  proceedings 
as  are  provided  by  section  six  hundred  and  forty-five  of  this  title. 

Every  building  and  loan  association  doing  business  in  this  State  shall, 
once  in  every  year,  to  wit,  within  thirty  days  after  the  expiration 
of  its  annual  fiscal  term,  make  a  report,  in  writing,  to  the  Commis- 
sioners of  the  Building  and  Loan  Associations,  verified  by  the  oath 
of  its  president  and  secretary,  showing  accurately  the  financial  condi- 
tion of  such  association  at  the  close  of  said  term.  The  report  shall  be 
in  such  form  as  the  commissioners  shall  prescribe,  upon  blanks  by  them 
furnished  for  that  purpose,  and  shall  specify  the  following  particulars, 
namely:  Name  of  the  corporation,  place  where  located,  authorized 
capital  stock,  amount  of  stock  paid  in,  the  names  of  the  directors,  the 
amount  of  capital  stock  held  by  each,  the  amount  due  to  shareholders,  the 
amount  and  character  of  all  other  liabilities,  cash  on  hand,  and  the 
number  and  value  of  shares  in  each  and  every  series  of  stock  issued  by 
the  association.  All  money  received  or  disbursed  by  such  association 
shall  be  duly  accounted  for.  Any  association  failing  to  file  the  annual 
report  within  the  time  specified  herein,  shall  be  subject  to  a  penalty  of 
ten  dollars  per  day  for  each  and  every  day  such  report  shall  be  delayed 
or  withheld. 

Section  709.     To  be  amended  to  read  as  follows: 

Sec.  709.  If  a  condition  precedent  requires  the  performance  of  an  act 
wrong  of  itself,  or  impossible,  the  instrument  containing  it  is  so  far  void. 
If  it  requires  the  performance  of  an  act  not  wrong  of  itself,  but  other- 
wise unlawful,  the  instrument  takes  effect,  and  the  condition  is  void. 
If  a  condition  subsequent  requires  the  performance  of  an  unlawful  or 
impossible  act,  the  instrument  takes  effect  and  the  condition  is  void. 


CIVIL   CODE.  •  85 

Section  793.     To  be  amended  to  read  as  follows: 

Sec.  793.  An  action  for  the  possession  of  real  property  leased  or 
granted,  with  a  right  of  reentry,  may  be  maintained  at  any  time  in  the 
Superior  Court,  after  the  right  to  reenter  has  accrued,  without  the 
notice  prescribed  in  section  seven  hundred  and  ninety-one. 

Note.—  The  amendment  changes  "District  Court"  to  "Superior  Court." 

Section  821.     To  be  amended  to  read  as  follows: 

Sec.  821.  A  person  to  whom  any  real  property,  upon  which  rent  has 
been  reserved,  is  transferred  or  devised,  or  who  acquires  in  any  manner 
the  title  thereto,  or  the  right  to  collect  the  rents  thereof,  or  to  whom  any 
such  rent  i3  transferred,  or  to  whom  is  assigned  the  lease  wherein  such 
rent  is  reserved,  is  entitled,  after  notice  thereof  to  the  tenant  or  lessee, 
to  the  same  remedies  for  the  recovery  of  rent,  for  non-performance  of 
any  of  the  terms  of  the  lease,  or  for  any  waste  or  cause  of  forfeiture,  as 
his  grantor,  devisor,  or  predecessor  might  have  had. 

Note.— The  amendment  requires  notice  before  the  tenant  is  liable  to  an  assignee  or 
transferee  (O'Connor  vs.  Kelly,  41  Cal.  432),  and  gives  the  holder  of  a  Sheriff 's  certifi- 
cate the  usual  remedy  to  collect  rent  from  a  tenant. 

Section  822.     To  be  amended  to  read  as  follows: 

Sec.  822.  Whatever  remedies  the  lessor  of  any  real  property  has 
against  his  immediate  lessee  for  the  breach  of  any  agreement  in 
the  lease,  or  for  the  recovery  of  the  possession,  he  has  against  the 
assignees,  heirs,  and  personal  representatives  of  the  lessee,  for  any 
cause  of  action  accruing  after  the  assignment  or  after  the  death  of  said 
immediate  lessee,  except  where  the  assignment  was  made  by  way  of 
security  for  a  loan,  and  is  not  accompanied  by  possession  of  the 
premises,  and  except  that  no  judgment  exceeding  the  amount  of  rent 
due,  with  interest  and  costs,  shall  be  entered  against  the  heirs  or  per^ 
sonal  representatives. 

Note.— The  case  of  Martel  vs.  Meehan,  63  Cal.  47,  approved  in  107  Cal.  112,  holds 
that  the  personal  representatives  of  a  tenant  are  not  subject  to  the  remedies  for 
non-payment  of  rent  which  the  Code  gives  to  lessors.  The  proposed  amendment 
will  make  them  subject  to  such  remedies,  except  that  the  judgment  obtained  for 
rent  cannot  be  trebled. 

Section  857.     To  be  amended  to  read  as  follows: 
Sec.  857.     Express  trusts  may  be  created  for  any  of  the  following 
purposes: 

1.  To  sell  real  property,  and  apply  or  dispose  of  the  proceeds  in 
accordance  with  the  instrument  creating  the  trust; 

2.  To  mortgage  or  lease  real  property  for  the  benefit  of  annuitants, 
legatees,  or  other  beneficiaries,  or  for  the  purpose  of  satisfying  any 
charge  thereon; 


86  .  PROPOSED   AMENDMENTS    TO   THE 

3.  To  receive  the  rents  and  profits  of  real  property,  and  pay  them  to 
or  apply  them  to  the  use  of  any  person,  whether  ascertained  at  the  time 
of  the  creation  of  the  trust  or  not,  for  himself  or  for  his  family,  during 
the  life  of  such  person,  or  for  any  shorter  term,  subject  to  the  rules  of 
Title  II,  Part  1,  Division  II,  of  this  Code;  or, 

4.  To  receive  the  rents  and  profits  of  real  property,  and  to  accumu- 
late the  same  for  the  purposes  and  within  the  limits  prescribed  by  the 
same  title. 

Note.— The  amendment  makes  Subdivision  2  clearly  applicable  to  beneficiaries 
other  than  those  entitled  under  wills,  and  corrects  an  erroneous  reference  in  Sub- 
division 3. 

Section  970.     To  be  amended  to  read  as  follows: 

Sec.  970.  When  two  sailing-vessels  are  approaching  each  other,  so 
as  to  involve  risk  of  collision,  one  of  them  shall  keep  out  of  the  way  of 
the  other,  as  follows,  namely: 

1.  A  vessel  which  is  running  free  shall  keep  out  of  the  way  of  a  vessel 
which  is  close-hauled; 

2.  A  vessel  which  is  close-hauled  on  the  port  tack  shall  keep  out  of 
the  way  of  a  vessel  which  is  close-hauled  on  the  starboard  tack; 

3.  When  both  are  running  free,  with  the  wind  on  different  sides,  the 
vessel  which  has  the  wind  on  the  port  side  shall  keep  out  of  the  way 
of  the  other; 

4.  When  both  are  running  free,  with  the  wind  on  the  same  side,  the 
vessel  which  is  to  the  windward  shall  keep  out  of  the  way  of  the  vessel 
which  is  to  leeward; 

5.  A  vessel  which  has  the  wind  aft  shall  keep  out  of  the  way  of  the 
other  vessel. 

When  two  steam-vessels  are  meeting  end  on.  or  nearly  end  on,  so 
as  to  involve  risk  of  collision,  each  shall  alter  her  course  to  starboard, 
so  that  each  may  pass  on  the  port  side  of  the  other;  but  this  provision 
only  applies  to  cases  where  vessels  are  meeting  end  on,  or  nearly  end  on, 
in  such  a  manner  as  to  involve  risk  of  collision,  and  does  not  apply  to  two 
vessels  which  must,  if  both  keep  on  their  respective  courses,  pass  clear 
of  each  other;  the  only  cases  to  which  it  does  apply  are  when  each 
of  the  two  vessels  is  end  on,  or  nearly  end  on,  to  the  other;  in  other  words, 
to  cases  in  which,  by  day,  each  vessel  sees  the  masts  of  the  other  in  a 
line,  or  nearly  in  a  line,  with  her  own;  and  by  night,  to  cases  in  which 
each  vessel  is  in  such  a  position  as  to  see  both  the  side-lights  of  the 
other;  it  does  not  apply  by  day  to  cases  in  which  a  vessel  sees  another 
ahead  crossing  her  own  course;  or  by  night,  to  cases  where  the  red 
light  of  one  vessel  is  opposed  to  the  red  light  of  the  other,  or  where 
the  green  light  of  one  vessel  is  opposed  to  the  green  light  of  the  other, 
or  where  a  red  light  without  a  green  light,  or  a  green  light  without  a  red 


CIVIL   CODE.  87 

light,  is  seen  ahead,  or  where  both  green  and  red  lights  are  seen  any- 
where but  ahead. 

When  two  steam-vessels  are  crossing,  so  as  to  involve  risk  of  collision, 
the  vessel  which  has  the  other  on  her  own  starboard  side  shall  keep  out 
of  the  way  of  the  other. 

When  a  steam-vessel  and  a  sailing-vessel  are  proceeding  in  such 
directions  as  to  involve  risk  of  collision,  the  steam-vessel  shall  keep 
out  of  the  way  of  the  sailing-vessel. 

Where,  by  any  of  these  rules,  one  of  two  vessels  is  to  keep  out  of  the 
way,  the  other  shall  keep  her  course  and  speed. 

Every  vessel  which  is  directed  by  these  rules  to  keep  out  of  the  way 
of  another  vessel  shall,  if  the  circumstances  of  the  case  admit,  avoid 
crossing  ahead  of  the  other. 

Every  steam-vessel  which  is  directed  by  these  rules  to  keep  out  of 
the  way  of  another  vessel  shall,  on  approaching  her,  if  necessary, 
slacken  her  speed  or  stop  or  reverse. 

Notwithstanding  anything  contained  in  these  rules,  every  vessel,  over- 
taking any  other,  shall  keep  out  of  the  way  of  the  overtaken  vessel. 

Every  vessel  coming  up  with  another  vessel  from  any  direction  more 
than  two  points  abaft  her  beam,  that  is,  in  such  a  position,  with  reference 
to  the  vessel  which  she  is  overtaking,  that  at  night  she  would  be  unable 
to  see  either  of  that  vessel's  side-lights,  shall  be  deemed  to  be  an  over- 
taking vessel;  and  no  subsequent  alteration  of  the  bearing  between  the 
two  vessels  shall  make  the  overtaking  vessel  a  crossing  vessel  within 
the  meaning  of  these  rules,  or  relieve  her  of  the  duty  of  keeping  clear 
of  the  overtaken  vessel  until  she  is  finally  past  and  clear. 

As  by  day  the  overtaking  vessel  cannot  always  know  with  certainty 
whether  she  is  forward  or  abaft  this  direction  from  the  other  vessel,  she 
should,  if  in  doubt,  assume  that  she  is  an  overtaking  vessel  and  keep 
out  of  the  way. 

In  narrow  channels  every  steam- vessel  shall,  when  it  is  safe  and 
practicable,  keep  to  that  side  of  the  fair-way  or  mid-channel  which  lies 
on  the  starboard  side  of  such  vessel. 

Sailing-vessels  under  way  shall  keep  out  of  the  way  of  sailing-vessels 
or  boats  fishing  with  nets,  or  lines,  or  trawls.  This  rule  shall  not  give 
to  any  vessel  or  boat  engaged  in  fishing  the  right  of  obstructing  a  fair- 
way used  by  vessels  other  than  fishing-vessels  or  boats. 

In  obeying  and  construing  these  rules  due  regard  shall  be  had  to 
all  dangers  of  navigation  and  collision,  and  to  any  special  circumstances 
which  may  render  a  departure  from  the  above  rules  necessary  in  order 
to  avoid  immediate  danger. 

Note.— The  amendment  is  a  reenactment  of  the  Statutes  of  the  United  States 
upon  the  subject,  inasmuch  as  it  is  deemed  proper  that  the  Federal  and  State  laws 
should  coincide  on  this  subject. 


88  PROPOSED   AMENDMENTS   TO   THE 

Section  981.     To  be  amended  to  read  as  follows: 

Sec.  981.  Unless  otherwise  agreed,  a  product  of  the  mind,  to  the 
production  of  which  several  persons  have  jointly  contributed,  is  owned 
by  them  in  equal  proportions. 

Section  1015.     To  be  amended  to  read  as  follows: 

Sec.  1015.  If  a  river  or  stream,  navigable  or  not  navigable,  carries 
away,  by  sudden  violence,  a  considerable  and  distinguishable  part  of  a 
bank,  and  bears  it  to  the  opposite  bank,  or  to  another  part  of  the  same 
bank,  it  belongs  to  the  owner  of  the  part  carried  away,  excepting  that 
occupation  thereof  for  one  year  by  the  owner  of  the  land  to  which  it  has 
been  united,  without  being  reclaimed  by  the  owner  of  the  part  carried 
away,  confers  title  thereto  upon  the  owner  of  the  land  to  which  it  has 
been  united. 

Note.— The  section,  as  it  now  stands,  leaves  the  title  of  the  part  carried  away 
uncertain,  which  question  the  proposed  amendment  will  settle. 

Section  1057.     To  be  amended  to  read  as  follows: 

Sec.  1057.  A  grant  may  be  deposited  by  the  grantor  with  a  third  per- 
son, to  be  delivered  on  performance  of  a  condition,  and  on  such  delivery 
by  the  depositary  it  will  take  effect.  While  in  possession  of  a  third 
person,  and  subject  to  condition,  it  is  called  an  escrow.  A  grant  depos- 
ited by  the  grantor  with  a  third  person,  to  be  delivered  upon  the  death 
of  the  grantor,  is  void,  and  no  estate  passes  thereunder. 

Note—  Under  this  amendment,  the  rule  will  be  as  contended  in  the  dissenting 
opinion  in  Bury  vs.  Young,  98  Cal.  446,  and  as  the  decision  would  have  been  if  the 
court  had  not  felt  bound  by  former  adjudications. 

Section  1096.     A  new  section  to  be  added,  to  read  as  follows: 
Conveyances  by  persons  whose  names  are  changed. 

Sec.  1096. .  Any  person  in  whom  the  title  of  real  estate  is  vested,  who 
shall  afterwards,  from  any  cause,  have  his  or  her  name  changed,  shall, 
in  any  conveyances  of  real  estate  so  held,  set  forth  the  name  in  which 
he  or  she  derived  title  to  said  real  estate. 

Note.— The  proposed  section  is  the  first  section  of  an  Act  relating  to  convey- 
ances of  real  estate,  approved  March  11,  1874,  the  remaining  two  sections  of  which 
it  is  proposed  to  place  in  the  Political  Code. 

Section  1207.     To  be  amended  to  read  as  follows: 

Sec.  1207.  Any  instrument  affecting  real  property,  which  was,  pre- 
vious to  the  thirtieth  day  of  January,  eighteen  hundred  and  ninety-six, 
copied  into  the  proper  book  of  record,  kept  in  the  oflice  of  any  County 
Recorder,  shall  be  deemed  to  impart,  after  that  date,  notice  of  its  con- 
tents to  subsequent  purchasers  and  incumbrancers,  notwithstanding  any 
defect,  omission,  or  informality  in  the  execution  of  the  instrument,  or 


CIVIL    CODE.  89 

in  the  certificate  of  acknowledgment  thereof,  or  the  absence  of  any  such 
certificate;  but  nothing  herein  shall  be  deemed  to  affect  the  rights  of 
purchasers  or  incumbrancers  previous  to  that  date.  Duly  certified 
copies  of  the  record  of  any  such  instrument  may  be  read  in  evidence, 
with  like  effect  as  copies  of  an  instrument  duly  acknowledged  and 
recorded,  provided  it  be  first  shown  that  the  original  instrument  was 
genuine. 

Note.— The  only  change  made  by  the  proposed  amendment  is  to  make  it  apply 
to  all  instruments  copied  in  the  proper  book  of  record  prior  to  January  30,  1896) 
instead  of  "  previous  to  the  thirtieth  day  of  January,  eighteen  hundred  and  seventy- 
three,"  as  it  now  reads. 

Section  1214.     To  be  amended  to  read  as  follows: 

Sec.  1214.  Every  conveyance  of  real  property,  other  than  a  lease  for 
a  term  not  exceeding  one  year,  is  void  as  against  any  subsequent  pur- 
chaser or  mortgagee  of  the  same  property,  or  any  part  thereof,  without 
notice,  in  good  faith  and  for  a  valuable  consideration,  whose  conveyance 
or  mortgage  is  first  duly  recorded,  and  as  against  any  judgment  affect- 
ing the  title,  unless  such  conveyance  shall  have  been  duly  recorded 
prior  to  the  record  of  a  notice  of  the  pendency  of  the  action  in  which 
the  judgment  is  rendered. 

Section  1217.     To  be  amended  to  read  as  follows: 

Sec.  1217.  An  unrecorded  instrument  is  valid  as  between  the  parties 
thereto  and  all  other  persons,  except  purchasers  and  incumbrancers  for 
valuable  consideration  without  notice  and  in  good  faith. 

Section  1238.     To  be  amended  to  read  as  follows: 
From  what  may  be  selected. 

Sec.  1238.  If  the  claimant  be  married,  the  homestead  may  be  selected 
from  the  community  property,  or  the  separate  property  of  the  husband, 
or,  with  the  consent  of  the  wife,  from  her  separate  property.  When  the 
claimant  is  not  married,  but  is  the  head  of  a  family  within  the  mean- 
ing of  section  twelve  hundred  and  sixty-one,  the  homestead  may  be 
selected  from  any  of  his  or  her  property.  When  a  co-tenant  resides 
upon  the  property  held  in  common,  or  upon  a  specific  portion  thereof,  a 
homestead  may  be  declared  thereon,  in  the  same  manner  and  with  the 
like  effect  as  if  the  property  resided  upon  were  owned  in  severalty  by 
such  co-tenant,  except  that  such  declaration  shall  not  prejudice  the 
rights  of  the  other  co-tenants,  upon  partition  or  otherwise. 

Note.— The  amendment  changes  the  rule  long  established  in  this  State,  by  allow- 
ing a  valid  declaration  of  homestead  to  be  made  by  a  co-tenant  upon  the  specific 
portion  of  the  property  held  in  common,  upon  which  he  resides. 


90  PROPOSED    AMENDMENTS   TO   THE 

Section  J 241.    To  be  amended  to  read  as  follows: 
Sec.  1241.     The  homestead  is  subject  to  execution  or  forced  sale  in 
satisfaction  of  judgments  obtained: 

1.  Before  the  declaration  of  homestead  was  filed  for  record,  and  which 
constitute  liens  upon  the  premises.  But  all  such  judgments  must  be 
satisfied,  if  possible,  from  other  property  subject  to  the  lien  thereof  or 
belonging  to  the  judgment  debtors,  or  any  of  them,  before  the  home- 
stead is  sold  thereunder; 

2.  On  debts  secured  by  mechanics',  contractors',  sub-contractors', 
artisans',  architects',  builders',  laborers'  (of  every  class),  material- 
men's, or  vendors'  liens  upon  the  premises; 

3.  On  debts  secured  by  mortgages  on  the  premises,  executed  and 
acknowledged  by  the  husband  and  wife,  or  by  an  unmarried  claimant; 

4.  On  debts  secured  by  mortgages  on  the  premises,  executed  and 
recorded  before  the  declaration  of  homestead  was  filed  for  record. 

Note.— The  effect  of  the  proposed  amendment  is  to  compel  the  satisfaction  of 
any  judgment  which  is  a  lien  upon  the  homestead  to  be  satisfied  out  of  any  other 
property  subject  thereto,  if  possible,  before  the  homestead  can  be  sold. 

Section  1242.     To  be  amended  to  read  as  follows: 

Sec.  1242.  The  homestead  of  a  married  person  cannot  be  conveyed 
or  incumbered  unless  the  instrument  by  which  it  is  conveyed  or  incum- 
bered is  executed  and  acknowledged  by  both  husband  and  wife;  provided, 
however,  that  any  excess  in  value  of  the  property  described  in  the  home- 
stead declaration  over  the  amount  of  the  homestead  exemption  may 
be  conveyed  or  incumbered  by  the  husband  alone,  where  the  homestead 
has  not  been  selected  from  the  wife's  separate  estate. 

Note.— The  amendment  gives  the  husband  the  power  of  disposition  over  the 
excess  in  the  homestead  over  the  exemption,  except  where  a  declaration  was  made 
upon  the  wife's  separate  property. 

Section  1243.     To  be  amended  to  read  as  follows: 

Sec.  1243.  A  homestead  can  be  abandoned  only  by  a  declaration  of 
abandonment,  or  a  grant  of  the  whole  thereof,  or  of  an  undivided  interest 
therein  executed  and  acknowledged: 

1.  By  the  husband  and  wife,  if  the  claimant  is  married; 

2.  By  the  claimant,  if  unmarried. 

Note.— The  amendment  causes  the  conveyance  of  an  undivided  interest  in  a 
homestead  to  work  an  abandonment,  but  allows  the  conveyance  of  a  specific  por- 
tion thereof  without  affecting  the  homestead  on  the  remainder. 

Section  1246.     To  be  amended  to  read  as  follows: 

Sec.  1246.  The  application  must  be  made  upon  a  verified  petition, 
showing: 

1.  The  fact  that  an  execution  has  been  levied  upon  the  homestead; 

2.  The  name  of  the  claimant; 


CIVIL    CODE.  91 

3.  That  the  value  of  the  homestead  exceeds  the  amount  of  the  home- 
stead exemption,  and  exceeded  such  amount  when  said  homestead  was 
declared. 

Note. — This  amendment  will  prevent  the  sale  of,  or  interference  with,  the  home- 
stead, by  a  creditor,  unless  it  exceeds  the  value  of  the  homestead  exemption  when 
the  execution  is  issued,  and  also  exceeded  such  value  when  the  declaration  of 
homestead  was  made.  The  amendment  and  those  proposed  to  be  made  infra  will 
make  the  provisions  of  this  Code  on  the  subject  of  homestead  exemption  conform 
to  Section  1476  of  the  Code  of  Civil  Procedure,  which  provides  that  no  interference 
in  probate  shall  be  made  with  the  homestead,  if  the  value  thereof  did  not  exceed 
the  homestead  exemption  when  the  declaration  was  filed.  The  rule,  as  laid  down 
in  Section  1476  of  the  Code  of  Civil  Procedure,  is  deemed  preferable  to  that  now 
existing  in  the  Civil  Code  in  this  regard,  because  it  is  believed  that  the  policy  of 
the  law  should  encourage  the  improvement  and  beautifying  of  homes,  by  includ- 
ing any  increase  in  value  thereto  in  the  homestead  exemption,  provided  the 
premises  do  not  exceed  in  value  the  homestead  exemption  at  the  time  of  the  home- 
stead declaration. 

Section  1251.     To  be  amended  to  read  as  follows: 

Sec.  1251.  They  must  view  the  premises,  and  ascertain  and  appraise 
the  present  value  thereof,  and  also  ascertain  and  appraise  the  value 
thereof  at  the  time  the  same  was  selected  as  a  homestead,  and  if  its 
present  value  exceeds  the  homestead  exemption,  and  its  value  exceeded 
such  exemption  at  the  time  it  was  selected,  they  must  determine 
whether  the  land  claimed  can  be  divided  without  material  injury. 
Note.— This  amendment  conforms  with  that  proposed  to  Section  1246. 

Section  1253.     To  be  amended  to  read  as  follows: 

Sec.  1253.  If,  from  the  report,  it  appears  to  the  judge  that  the 
present  value  of  the  homestead  exceeds,  and  at  the  time  the  same  was 
selected  exceeded,  the  homestead  exemption,  and  that  the  land 
claimed  can  be  divided  without  material  injury,  he  must,  by  an  order, 
direct  the  appraisers  to  set  off  to  the  claimant  so  much  of  the  land, 
including  the  residence,  as  will  amount  in  value  to  the  homestead 
exemption.  The  appraisers  must,  within  ten  days  after  the  making  of 
such  order,  make  to  the  judge,  in  writing,  a  report,  which  report  must 
show  what  action  they  have  taken  thereunder.  Upon  the  application 
of  the  petitioner,  upon  at  least  three  days'  notice  to  the  homestead 
claimant,  the  judge  shall  consider  such  report  and  make  an  order  con- 
firming or  rejecting  the  same.  If  the  report  is  confirmed,  the  execution 
may  be  enforced  against  the  remainder  of  the  land. 

Section  1254.     To  be  amended  to  read  as  follows: 

Sec.  1254.  If,  from  the  report  mentioned  in  section  twelve  hundred 
and  fifty-two  of  this  Code,  it  appears  to  the  judge  that  the  land  claimed 
exceeds  in  value  the  amount  of  the  homestead  exemption,  and  exceeded 
such  amount  when  the  homestead  was  declared,  and  that  it  cannot  be 
divided,  he  must  make  an  order  directing  its  sale  under  the  execution. 


92  PROPOSED   AMENDMENTS   TO   THE 

Sections  1258  and  1259  to  be  incorporated  in  one  section,  to  read  as 
follows: 

Sec.  1258.  The  court  must  fix  the  compensation  of  the  appraisers, 
not  to  exceed  five  dollars  per  day  each  for  the  time  actually  engaged, 
and  the  execution  creditor  must  pay  the  costs  of  these  proceedings  in 
the  first  instance;  but  in  the  cases  provided  for  in  sections  twelve 
hundred  and  fifty-three  and  twelve  hundred  and  fifty-four,  the  amount 
so  paid  must  be  added  as  costs  on  execution  and  collected  accordingly. 

Note.— These  two  sections  are  proposed  to  be  consolidated  to  allow  a  number 
for  the  following  proposed  new  section. 

Section  1259.     A  new  section  to  be  added  to  read  as  follows: 
Insurance  money  on  homestead  protected. 

Sec.  1259.  Money  paid  upon  a  loss  under  a  policy  of  fire  insurance 
upon  any  portion  of  the  homestead  is  entitled,  for  a  period  of  six 
months  after  such  payment,  to  the  same  protection  against  legal  process 
and  the  voluntary  disposition  of  the  husband  which  the  law  gives  to 
the  homestead;  and  any  building  constructed  or  as  repaired  with  the 
proceeds  of  such  fire  insurance  shall  constitute  a  part  of  the  homestead 
in  the  same  manner  as  if  the  same  had  been  upon  the  land  when  the 
declaration  of  homestead  was  filed. 

Section  1261.    To  be  amended  to  read  as  follows: 
Sec.  1261.     The  phrase  "  head  of  a  family,"  as   used  in  this  title, 
includes  within  its  meaning: 

1.  The  husband,  when  the  claimant  is  a  married  person; 

2.  Every  person  who  has  residing  on  the  premises  with  him  or  her, 
and  under  his  or  her  care  and  maintenance:  either,  1.  His  or  her 
minor  child,  or  minor  grandchild,  or  the  minor  child  of  his  or  her 
deceased  wife  or  husband;  2.  A  minor  brother  or  sister,  or  the  minor 
child  of  a  deceased  brother  or  sister;  3.  A  father,  mother,  grandfather, 
or  grandmother;  4.  The  father,  mother,  grandfather,  or  grandmother  of 
a  deceased  husband  or  wife;  5.  An  unmarried  sister,  or  any  other  of 
the  relatives  mentioned  in  this  section,  who  have  attained  the  age  of 
majority,  and  are  unable  to  take  care  of  or  support  themselves;  provided, 
that  whenever  the  claimant  ceases  to  be  the  head  of  a  family,  as  defined 
in  this  section,  the  amount  of  the  homestead  exemption  under  any 
declaration  of  homestead  theretofore  filed  by  such  person,  shall  not 
exceed  one  thousand  dollars. 

Section  1266.  A  new  section  to  be  added  to  Chapter  II,  Title  V, 
Part  IV,  Division  II,  to  read  as  follows:    • 

Alienation  of  homestead  in  certain  cases. 

Sec.  1266.  In  case  of  a  homestead,  if  either  the  husband  or  wife 
shall  become  hopelessly  insane,  and  a  guardian  of  such  insane  spouse 


CIVIL    CODE.  93 

has  been  duly  appointed  by  a  Superior  Court,  upon  application  of  the 
husband  or  wife  not  insane  to  the  Superior  Court  of  the  county  in  which 
said  homestead  is  situated,  and  upon  due  proof  of  such  insanity  and 
the  appointment  of  a  guardian  of  such  insane  spouse,  the  court  may 
make  an  order  permitting  the  husband  or  wife  not  insane  to  join  with 
such  guardian  in  a  sale  or  mortgage  of  such  homestead  or  any  part, 
thereof.  A  notice  of  the  application  for  such  order  shall  be  given  by 
publication  of  such  notice  in  a  newspaper  published  in  the  county  in 
which  such  homestead  is  situated,  if  there  be  a  newspaper  published 
therein,  once  each  week  for  three  successive  weeks,  prior  to  the  hearing 
of  such  application,  and  a  copy  of  such  notice  shall  also  be  served  upon 
the  nearest  male  relative  resident  in  this  State  and  upon  the  guardian 
of  such  insane  husband  or  wife,  at  least  three  weeks  prior  to  such 
application;  and  in  case  there  be  no  such  male  relative  known  to 
the  applicant,  a  copy  of  such  notice  shall  be  served  upon  the  District 
Attorney  of  the  county  in  which  such  homestead  is  situated;  and  it  is 
hereby  made  the  duty  of  such  District  Attorney,  upon  being  served  with 
a  copy  of  such  notice,  to  appear  in  court,  and  see  that  such  application 
is  made  in  good  faith,  and  that  the  proceedings  thereon  are  fairly 
conducted. 

Section  1267.  A  new  section  to  be  added  to  Chapter  II,  Title  V, 
Division  I,  to  read  as  follows: 

Petition  for  order  allowing  alienation  of  homestead. 

Sec.  1267.  Thirty  days  before  the  hearing  of  any  application  under 
the  provisions  of  the  foregoing  section,  the  applicant  shall  present  and 
file  in  the  court  in  which  such  application  is  to  be  heard  a  petition  for 
the  order  mentioned  in  the  preceding  section,  subscribed  and  sworn  to 
by  the  applicant,  setting  forth  the  name  and  age  of  the  insane  husband 
or  wife;  a  description  of  the  premises  constituting  the  homestead;  the 
value  of  the  same;  the  county  in  which  it  is  situated;  and  such  facts 
in  addition  to  the  insanity  of  the  husband  or  wife,  and  relating  to 
the  circumstances  or  necessities  of  the  applicant  and  his  or  her  family, 
as  shall  demonstrate  the  necessity  of  such  sale  or  mortgage. 

Section  1268.  A  new  section  to  be  added  to  Chapter  II,  Title  V, 
Part  IV,  Division  II,  to  read  as  follows: 

Order  allowing  alienation  of  homestead,  and  effect  thereof. 

Sec.  1268.  If  'the  court  shall  make  the  order  provided  for  in  section 
twelve  hundred  and  sixty-six  of  this  Code,  the  same  shall  require  the 
proceeds  of  such  sale  or  the  amount  received  by  virtue  of  the  mortgage 
of  said  homestead  to  be  paid  to  the  general  guardian  of  the  insane 
spouse,  and  the  order  shall  be  entered  upon  the  minutes  of  the  court, 
and  thereafter,  any  sale,  conveyance,  or  mortgage  made  in  pursuance 


94  PROPOSED   AMENDMENTS   TO   THE 

of  such  order  shall  be  as  valid  and  effectual  as  if  the  property  affected 
thereby  were  the  absolute  property,  in  fee  simple,  of  the  spouse  joining 
in  such  conveyance  or  mortgage. 

Note.— The  three  foregoing  proposed  sections  contain  the  provisions  of  an  Act 
to  enable  certain  parties  therein  named  to  alienate  or  incumber  homesteads, 
approved  March  25,  1874,  with  the  exception  that  it  is  proposed  to  change  the 
scope  of  the  Act  so  as  to  require  the  money  realized  from  a  sale  or  mortgage  under 
the  order  to  be  paid  to  the  general  guardian  of  the  estate  of  the  insane  spouse,  who 
can  thereafter  disburse  the  same  under  the  rules  of  law  applicable  to  the  particu- 
lar case,  and  make  it  the  duty  of  the  District  Attorney  of  the  county  where  such 
applications  are  made  to  appear,  and  see  that  applications  therefor  are  made  in 
good  faith,  instead  of  the  Public  Administrator,  as  provided  in  the  said  Act. 

Sections  1266, 1267, 1268,  and  1269  to  be  incorporated  in  one  section, 
to  be  Section  1269,  Chapter  III,  Title  V,  Part  IV,  Division  II,  to  read 
as  follows: 

Mode  of  selection  and  effect  of  filing  for  record  the  declaration  of  home- 
stead. 
Sec.  1269.  Any  person,  other  than  the  head  of  a  family,  in  the  selec- 
tion of  a  homestead,  must  execute  and  acknowledge,  in  the  same  manner 
as  a  grant  of  real  property  is  acknowledged,  a  "declaration  of  home- 
stead." The  declaration  must  contain  everything  required  by  the 
second,  third,  and  fourth  subdivisions  of  section  twelve  hundred  and 
sixty-three  of  this  Code,  and  must  be  recorded  in  the  office  of  the  County 
Recorder  of  the  county  in  which  the  land  is  situated.  From  and  after 
the  time  the  declaration  is  so  filed  for  record,  the  land  described  therein 
is  a  homestead. 

Note.— The  present  Sections  1266,  1267,  1268,  and  1269  are  consolidated  in  the 
proposed  new  Section  1269,  so  as  to  allow  numbers  in  the  preceding  chapter  for 
the  proposed  sections  containing  the  provisions  of  the  Act  in  relation  to  the 
alienation  of  homesteads  in  certain  cases. 

Section  1283.     To  be  amended  to  read  as  follows: 
Witness,  who  is  devisee,  rights  of. 

Sec.  1283.  If  a  witness,  to  whom  any  beneficial  devise,  legacy,  or 
gift,  void  by  the  preceding  section,  is  made,  would  have  been  entitled 
to  any  share  of  the  estate  of  the  testator,  in  case  the  will  should  not  be 
established,  he  succeeds  to  so  much  of  the  share  as  would  be  distributed 
to  him,  not  exceeding  the  devise  or  bequest  made  to  him  in  the  will, 
and  he  is  entitled  to  receive  the  same,  on  distribution,  of  the  other 
devisees  or  legatees  named  in  the  will,  in  proportion  to  and  out  of  the 
parts  devised  or  bequeathed  to  them. 

Note.— The  change  in  the  section  is  that  the  witness,  who  is  a  devisee,  shall  be 
entitled  to  receive  his  proper  share  of  the  estate  upon  distribution. 


CIVIL   CODE.  95 

Section  1299.     To  be  amended  to  read  as  follows: 
Effect  of  marriage  of  a  man  on  his  will. 

Sec.  1299.  If,  after  making  a  will,  the  testator  marries,  and  the  wife 
survives  the  testator,  the  will  is  revoked,  unless  provision  has  been 
made  for  her  by  written  contract,  made  before  or  after  her  marriage,  by 
the  testator,  or  unless  she  is  provided  for  in  the  will,  or  in  such  way 
mentioned  therein  as  to  show  an  intention  not  to  make  such  provision; 
and  no  other  evidence  to  rebut  the  presumption  of  revocation  must  be 
received. 

Section  1313.     To  be  amended  to  read  as  follows: 
Restriction  on  power  to  devise  to  charitable  uses. 

Sec.  1313.  No  estate,  real  or  personal,  shall  be  bequeathed  or  devised 
to  any  charitable  or  benevolent  society,  or  corporation,  or  to  any  person 
or  persons  in  trust  for  charitable  uses,  except  the  same  be  done  by  will 
duly  executed  at  least  thirty  days  before  the  decease  of  the  testator; 
and  if  so  made,  at  least  thirty  days  prior  to  such  death,  such  devise  or 
legacy,  and  each  of  them,  shall  be  valid;  provided,  that  no  such  devise 
or  bequests  shall  collectively  exceebl  one  third  of  the  distributable 
estate  of  the  testator  leaving  legal  heirs,  and  in  such  case  a  pro  rata 
deduction  from  such  devises  or  bequests  shall  be  made  so  as  to  reduce 
the  aggregate  thereof  to  one  third  of  such  estate;  and  all  dispositions  of 
property  made  contrary  hereto  shall  be  void,  and  go  to  the  residuary 
legatee  or  devisee,  next  of  kin,  or  heirs  according  to  law. 

Note.— The  amendment  to  this  section  consists  in  adding  the  word  "  distribu- 
table "  before  estate,  thereby  making  it  clear  that  no  more  than  one  third  of  an 
estate  of  a  testator  after  the  payment  of  the  debts  and  expenses  of  administration 
can  be  bequeathed  to  charity. 

Section  1350.     To  be  amended  to  read  as  follows: 
Sec.  1350.     A  devise  or  legacy  given  to  more  than  one  person  vests  in 
them  as  owners  in  common,  unless  a  contrary  intent  appears. 

Section  1360.     To  be  amended  to  read  as  follows: 

Sec.  1360.  The  property  of  a  testator,  except  as  otherwise  specially 
provided  in  this  Code  and  the  Code  of  Civil  Procedure,  must  be  resorted 
to  for  the  payment  of  legacies  in  the  following  order: 

1.  The  property  which  is  expressly  appropriated  by  the  will  for  the 
payment  of  the  legacies; 

2.  Property  not  disposed  of  by  the  will; 

3.  Property  which  is  devised  or  bequeathed  to  a  residuary  legatee; 

4.  Property  which  is  not  specifically  devised  or  bequeathed. 

Note.— The  amendment  consists  in  the  addition  of  the  word  "  not "  before  "  spe- 
cifically devised  "  in  Subdivision  4. 


96  PROPOSED   AMENDMENTS   TO   THE 

Section  1361.     To  be  amended  to  read  as  follows: 

Sec.  1361.  Legacies  to  husband,  widow,  or  kindred  of  any  class  are 
chargeable  for  debts  only  after  legacies  to  persons  not  related  to  the 
testator. 

Section  1384.     To  be  amended  to  read  as  follows: 
Succession  to  estates  of  intestate. 

Sec.  1384.  The  property,  both  real  and  personal,  of  one  who  dies 
without  disposing  of  it  by  will,  passes  to  the  heirs  of  the  intestate,  sub- 
ject to  the  control  of  the  Superior  Court,  and  to  the  possession  of  any 
administrator  appointed  by  that  court,  for  the  purposes  of  administra- 
tion. 

Note.— The  amendment  changes  Probate  Court  to  Superior  Court. 

Section  1405.     To  be  amended  to  read  as  follows: 

Sec.  1405.  When  succession  is  not  claimed  as  provided  in  the  pre- 
ceding section,  the  Superior  Court,  on  information,  must  direct  the 
Attorney-General  to  reduce  the  property  to  his  or  the  possession  of  the 
State,  or  to  cause  the  same  to  be  sold,  and  the  same  or  the  proceeds 
thereof  to  be  deposited  in  the  state  treasury  for  the  benefit  of  such  non- 
resident foreigner,  or  his  legal  representative,  to  be  paid  to  him  when- 
ever, within  five  years  after  such  deposit,  he  appears  and  obtains  a 
judgment  or  order  of  such  Superior  Court  that  he  is  entitled  to  succeed 
thereto. 

Section  1411.     To  be  amended  to  read  as  follows: 

Sec.  1411.  The  appropriation  must  be  for  some  useful  or  beneficial 
purpose,  and  when  the  appropriator  or  his  successor  in  interest  ceases 
to  use  it  for  such  a  purpose  for  three  years  the  right  ceases. 

Note.— Smith  vs.  Hawkins,  110  Cal.  122,  decides  that  five  years' non-user  is  required 
to  work  a  forfeiture.  The  amendment  places  the  requisite  time  of  non-user  at 
three  years. 

Section  1572.     To  be  amended  to  read  as  follows: 

Sec.  1572.  Actual  fraud,  within  the  meaning  of  this  chapter,  consists 
in  any  of  the  following  acts  committed  by  a  party  to  the  contract,  or 
with  his  connivance,  with  intent  to  deceive  another  party  thereto,  or  to 
induce  him  to  enter  into  the  contract: 

1.  The  suggestion,  as  a  fact,  of  that  which  is  not  true,  by  one  who 
does  not  believe  it  to  be  true; 

2.  The  positive  assertion,  in  a  manner  not  warranted  by  the  informa- 
tion of  the  person  making  it,  of  that  which  is  not  true,  though  he 
believes  it  to  be  true; 

3.  The  suppression  of  that  which  is  true,  by  one  having  knowledge  or 
belief  of  the  fact,  and  which  it  is  his  duty  to  disclose; 


CIVIL  CODE.  97 

4.  A  promise  made  without  any  intention  of  performing  it;  or, 

5.  Any  other  act  fitted  to  deceive. 

Note. — The  amendment  makes  the  suppression  of  that  which  is  true  by  one 
having  knowledge  or  belief  of  the  fact  fraudulent  only  when  it  is  his  duty  to  dis- 
close such  fact,  and  conforms  the  section  to  the  definition  of  deceit  in  Section  1710. 

Section  1917.     To  be  amended  to  read  as  follows: 

Sec.  1917.     Unless  there  is  an  express  contract  in  writing,  fixing  a 

different  rate,  interest  is  payable  on  all  moneys  at  the  rate  of  six  per 

cent  per  annum  after  they  become  due,  on  any  instrument  of  writing, 

except  a  judgment,  and  on  moneys  lent,  or  due  on  any  settlement  of 

account,  from  the  day  on  which  the  balance  is  ascertained,  and  on 

moneys  received  to  the  use  of  another  and  detained  from  him.     In  the 

computation  of  interest  for  a  period  less  than  a  year,  three  hundred  and 

sixty  days  are  deemed  to  constitute  a  year. 

Note. — The  amendment  reduces  the  rate  of  legal  interest  from  seven  per  cent  to 
six  per  cent  per  annum. 

Section  2207.     To  be  amended  to  read  as  follows: 

Sec.  2207.  A  carrier  of  messages  by  telegraph  or  telephone  must, 
if  it  is  practicable,  transmit  every  such  message  immediately  upon  its 
receipt.  But  if  this  is  not  practicable,  and  several  messages  accumu- 
late upon  his  hands,  he  must  transmit  them  in  the  following  order: 

1.  Messages  from  public  agents  of  the  United  States  or  of  this  State, 
on  public  business; 

2.  Messages  intended  in  good  faith  for  immediate  publication  in 
newspapers,  and  not  for  any  secret  use; 

3.  Messages  giving  information  relating  to  the  sickness  or  death  of 
any  person; 

4.  Other  messages  in  the  order  in  which  they  were  received. 

Section  2208.     To  be  amended  to  read  as  follows: 

Sec.  2208.  A  common  carrier  of  messages,  otherwise  than  by  tele- 
graph or  telephone,  must  transmit  messages  in  the  order  in  which  he 
receives  them,  except  messages  from  agents  of  the  United  States  or  of 
this  State,  on  public  business,  to  which  he  must  always  give  priority. 
But  he  may  fix  upon  certain  times  for  the  simultaneous  transmission 
of  messages  previously  received. 

Section  2310.     To  be  amended  to  read  as  follows: 

Sec.  2310.     A  ratification  can  only  be  made  in  the  manner  that  would 

have  been  necessary  to  confer  an  original  authority  for  the  act  ratified, 

or  by  accepting  or  retaining  the  benefit  of  the  act,  without  inquiry  or 

with  a  full  knowledge  of  the  material  facts  thereof. 

Note.— The  amendment  permits  a  ratification  of  an  act  which  can  only  be 
authorized  in  writing  where  the  principal  accepts  or  receives  the  benefit  without 
inquiry  or  a  full  knowledge  of  the  material  facts. 

7— c 


98  PROPOSED   AMENDMENTS    TO   THE 

Section  2343.     To  be  amended  to  read  as  follows: 

Sec.  2343.  One  who  assumes  to  act  as  an  agent  is  responsible  to 
third  persons  as  a  principal  for  his  acts  in  the  course  of  his  agency,  in 
any  of  the  following  cases,  and  in  no  others: 

1.  When,  with  his  consent,  credit  is  given  to  him  personally  in  a 
transaction; 

2.  When  his  acts  are  wrongful  in  their  nature. 

Note. — The  amendment  eliminates  from  the  section  the  second  subdivision 
thereof,  which  provides  that  when  an  agent  enters  into  a  written  contract,  in  the 
name  of  his  principal,  without  believing  in  good  faith  tbat  he  has  authority  there- 
for, he  is  responsible  as  a  principal.  There  is  no  doubt  of  his  liability,  in  the  case 
supposed,  for  all  damages  resulting  therefrom.  To  hold  him  liable  as  principal 
in  such  a  case,  as  has  been  well  said  in  Hall  vs.  Crandall,  29  Cal.  567,  is  rather  to 
make  a  new  contract  for  the  parties,  than  to  construe  the  one  they  have  made  for 
themselves. 

Section  2355.     To  be  amended  to  read  as  follows: 
Sec.  2355.     An  agency  is  terminated,  as  to  every  person  having  notice 
thereof,  by: 

1.  The  expiration  of  its  term; 

2.  The  extinction  of  its  subject; 

3.  The  death  of  the  agent; 

4.  His  renunciation  of  the  agency;  or, 

5.  The  incapacity  of  the  agent  to  act  as  such. 

Note.— The  amendment  changes  the  word  "  agency  "  to  "agent "  in  the  fifth  sub- 
division of  the  section. 

Section  2356.     To  be  amended  to  read  as  follows: 
Sec.  2356.     Unless  the  power  of  an  agent  is  coupled  with  an  interest 
in  the  subject  of  the  agency,  it  is  terminated  by: 

1.  Its  revocation  by  the  principal,  as  to  every  person  having  notice 
thereof; 

2.  The  death  of  the  principal; 

3.  His  incapacity  to  contract. 

Note.— The  amendment  terminates  the  power  of  an  agent,  in  the  cases  men- 
tioned, irrespective  of  the  kind  of  notice  thereof.  This  is  the  undoubted  rule  of 
the  common  law.  (Meecham  on  Agency,  Sec  245.)  It  is  assumed  to  be  in  force  in 
California  in  the  decision  of  Lowrie  vs.  Salz,  75  Cal.  349,  and  in  several  other  cases. 

Section  2553.     To  be  amended  to  read  as  follows: 

Sec.  2553.  Except  in  the  cases  specified  in  the  next  four  sections, 
and  in  the  cases  of  fire,  life,  accident,  and  health  insurance,  a  change  of 
interest  in  any  part  of  a  thing  insured,  unaccompanied  by  a  correspond- 
ing change  of  interest  in  the  insurance,  suspends  the  insurance  to  an 
equivalent  extent,  until  the  interest  in  the  thing  and  the  interest  in  the 
insurance  are  vested  in  the  same  person. 

Note.— The  amendment  removes  fire  insurance  policies  from  the  operation  of 
the  section,  inasmuch  as  such  policies  are  to  be  of  the  standard  form  provided 
in  the  Political  Code. 


CIVIL    CODE.  99 

Section  2587.     To  be  amended  to  read  as  follows: 
Sec.  2587.    A  policy  of  insurance,  other  than  a  policy  of  fire  or  marine 
insurance,  must  specify: 

1.  The  parties  between  whom  the  contract  is  made; 

2.  The  rate  of  premium; 

3.  The  property  or  life  insured; 

4.  The  interest  of  the  insured  in  property  insured,  if  he  is  not  the 
absolute  owner  thereof; 

5.  The  risks  insured  against;  and, 

6.  The  period  during  which  the  insurance  is  to  continue. 

Section  2610.     To  be  amended  to  read  as  follows: 

Sec.  2610.  A  breach  of  warranty  exonerates  an  insurer  from  the  time 
that  it  occurs;  or,  where  it  is  broken  in  its  inception,  prevents  the  policy 
from  attaching  to  the  risk. 

Section  2611.     To  be  amended  to  read  as  follows: 
Sec.  2611.     The  violation  of  a  material  provision  of  a  policy  on  the 
part  of  either  party  entitles  the  other  to  rescind. 

Section  2612.     To  be  amended  to  read  as  follows: 

Sec.  2612.  A  policy  may  declare  that  a  violation  of  a  specified  pro- 
vision thereof  shall  avoid  it;  otherwise,  the  breach  of  an  immaterial 
provision  shall  not  have  that  effect. 

Section  2949.     A  new  section  to  be  added  to  read  as  follows: 
Sale  under  power  in  mortgages  or  trust  deeds. 

Sec.  2949.  Whenever  a  sale  of  real  property  is  made  under  a  power 
of  sale  contained  in  a  mortgage  or  deed  of  trust  intended  for  the 
security  of  a  debt,  such  sale  shall  be  subject  to  redemption  by  the  per- 
son who  executed  the  mortgage  or  deed  of  trust,  or  his  heirs,  execu- 
tors, administrators,  or  assigns.  Such  redemption  may  be  made  at 
any  time  within  six  months  after  the  date  of  the  sale  by  paying  or 
tendering  to  the  purchaser  at  such  sale,  or  his  heirs,  executors,  admin- 
istrators, or  assigns,  the  amount  paid  at  such  sale,  with  interest  thereon 
from  the  date  of  such  sale  to  the  time  when  the  redemption  is  made, 
at  the  rate  of  one  per  cent  per  month.  Any  person  may  become  a 
purchaser  at  a  sale  under  a  power  of  sale  mentioned  in  this  chapter. 

Note.— The  amendment  is  desirable  inasmuch  as  it  has  always  been  the  policy 
of  the  law  to  avoid  a  strict  foreclosure  of  mortgage  which  can  be,  and  is  often  had 
in  California,  under  powers  of  sale  contained  in  deeds  of  trust  and  mortgages. 

Section  3001.     To  be  amended  to  read  as  follows: 
Sec.  3001.     Before  property  pledged  can  be  sold,  and  after  performance 
of  the  act  for  which  it  is  security  is  due,  the  pledgee  must  demand 


100  PROPOSED   AMENDMENTS   TO   THE 

performance  thereof  from  the  debtor,  if  the  debtor  can  be  found  within 
the  State  by  the  exercise  of  reasonable  diligence. 

Section  3002.     To  be  amended  to  read  as  follows: 

Sec.  3002.  A  pledgee  must  give  actual  notice  to  the  pledgor  of  the 
time  and  place  at  which  the  property  pledged  will  be  sold,  at  least 
twenty  days  before  the  sale,  if  the  pledgor  can,  by  the  exercise  of  reason- 
able diligence,  be  found  within  the  State;  otherwise,  publication  of  notice 
of  such  sale  for  two  weeks  in  a  newspaper  published  in  the  county  where 
the  property  was  pledged,  and  posting  the  notice  in  three  public  places 
in  said  county  twenty  days  before  the  sale,  shall  be  equivalent,  when 
the  publication  is  complete,  to  actual  notice  to  the  pledgor  of  the  time 
and  place  at  which  the  property  pledged  will  be  sold. 

Note.— The  amendments  to  the  two  preceding  sections  excuse  demand  of  per- 
formance and  actual  notice  to  the  pledgor  of  the  time  and  place  of  sale,  when  he 
cannot  with  reasonable  diligence  be  found  within  the  State,  and  provide  for  con- 
structive notice  of  the  time  and  place  of  the  sale  in  such  cases. 

Section  3006.     To  be  amended  to  read  as  follows: 

Sec.  3006.  A  pledgee  cannot  sell  any  evidence  of  debt  pledged  to  him 
except  the  obligations  of  governments,  states,  or  corporations,  but  must 
use  ordinary  diligence  and  skill  in  the  collection  of  the  same,  when  due. 

Section  3101.     To  be  amended  to  read  as  follows: 

Sec.  3101.  An  instrument,  otherwise  negotiable  in  form,  payable  to  a 
person  named,  but  with  the  words  added,  "or  to  his  order,"  or  "to 
bearer,"  or  words  equivalent  thereto,  is  in  the  former  case  payable  to 
the  written  order  thereon  of  such  person,  and  in  the  latter  case  payable 
to  the  bearer. 

Note—  This  amendment  adds  "thereon"  after  "written  order  "in  the  section, 
and  is  designed  to  make  it  clear  that  the  writing  affecting  a  negotiable  instrument 
must  be  upon  the  instrument  itself. 

Section  3131.     To  be  amended  to  read  as  follows: 

Sec.  31 31 .  Presentment  of  a  negotiable  instrument  for  payment,  when 
necessary,  must  be  made  as  follows,  as  nearly  as  by  reasonable  diligence 
it  is  practicable: 

1.  The  instrument  must  be  presented  by  the  holder,  or  by  his  agent; 

2.  The  instrument  must  be  presented  to  the  principal  debtor,  if  he 
can  be  found  at  the  place  where  presentment  should  be  made;  and  if 
not,  then  it  must  be  presented  to  some  other  person  having  charge 
thereof,  or  employed  therein;  if  the  principal  debtor  cannot  be  found  at 
the  place  where  presentment  should  be  made,  and  if  no  person  is  found 
having  charge  thereof,  or  employed  therein,  presentment  is  excused; 

3.  An  instrument  which  specifies  a  place  for  its  payment  must  be  pre- 
sented there;  and  if  the  place  specified  includes  more  than  one  house, 


CIVIL   CODE.  ,  101 

then  at  the  place  of  residence  or  business  of   the  principal  debtor,  if   it 
can  be  found  therein] 

4.  An  instrument  which  does  not  specify  a  place  for  its  payment  must 
be  presented  at  the  place  of  residence  or  business  of  the  principal 
debtor,  or  wherever  he  may  be  found,  at  the  option  of  the  presenter; 

5.  The  instrument  must  be  presented  upon  the  day  of  its  maturity, 
or,  if  it  be  payable  on  demand,  it  may  be  presented  upon  any  day.  It 
must  be  presented  within  reasonable  hours;  and  if  it  be  payable  at  a 
banking-house,  within  the  usual  banking  hours  of  the  vicinity,  but,  by 
the  consent  of  the  person  to  whom  it  should  be  presented,  it  may  be  pre- 
sented at  any  hour  of  the  day; 

6.  If  the  principal  debtor  have  no  place  of  business  or  residence 

within  the  State,  or  if   his   place  of  business  or  residence  within  the 

State  cannot,  with  reasonable  diligence,  be  ascertained,  presentment  for 

payment  is  excused. 

Note—  The  amendment  allows  the  instrument  to  be  presented  by  an  agent  of 
the  holder ;  enacts  that  if  the  principal  debtor  cannot  be  found  at  the  place  of  pre- 
sentment, and  no  person  is  found  having  charge  thereof,  or  employed  therein,  and 
if  he  have  no  place  of  business  or  residence  in  the  State,  presentment  for  payment 
is  excused. 

Section  3151.     To  be  amended  to  read  as  follows: 

Sec.  3151.  A  notice  of  the  dishonor  of  a  negotiable  instrument,  if 
valid  in  favor  of  the  party  giving  it,  inures  to  the  benefit  of  the  holder 
thereof,  and  of  all  other  parties  thereto  who  have  given  notice  of  dis- 
honor as  provided  in  the  preceding  section. 

Note.— The  present  section  makes  a  notice  of  dishonor  inure  to  the  benefit  of 
the  parties  "  whose  right  to  give  the  like  notice  has  not  then  been  lost."  Under 
this  phraseology  the  notice,  when  given  by  the  second  indorser  to  the  first  indorser, 
would  not  inure  to  the  benefit  of  a  sixth  indorser  who  might  have  succeeded 
under  Section  3150,  because  his  right  to  notify  the  first  indorser  would  then  be 
lost,  because  more  than  one  day  would  have  elapsed  by  reason  of  the  successive 
notices. 

Sections  3400  and  3401  to  be  repealed. 

Note.— Section  3399  fully  states  the  law  as  to  the  judicial  revision  of  contracts, 
and  it  is  deemed  expedient  to  repeal  Sections  3100  and  3401,  as  they  tend  to 
hamper  the  courts  in  the  decision  of  such  cases. 

Section  3440.     To  be  amended  to  read  as  follows: 

Sec.  3440.  Every  transfer  of  personal  property,  other  than  a  thing  in 
action  or  a  ship  or  cargo  at  sea  or  in  a  foreign  port,  and  every  lien 
thereon,  other  than  a  mortgage  when  allowed  by  law  and  a  contract 
of  bottomry  or  respondentia,  is  conclusively  presumed,  if  made  by  a 
person  having  at  the  time  the  possession  or  control  of  the  property,  and 
not  accompanied  by  an  immediate  delivery,  and  followed  by  an  actual 
and  continued  change  of  possession  of  the  things  transferred,  to  be 
fraudulent  and  therefore  void  against  those  who  are  his  creditors  while 


102  .    PROPOSED   AMENDMENTS   TO   THE 

he  remains  in  possession  and  the  successors  in  interest  of  such  creditors, 
and  against  any  persons  on  whom  his  estate  devolves  in  trust  for  the 
benefit  of  others  than  himself,  and  against  purchasers  or  incumbrancers 
in  good  faith  subsequent  to  the  transfer;  provided,  however,  that  the 
provisions  of  this  section  shall  not  apply  to  the  transfers  of  wines  in  the 
wineries  or  wine-cellars  of  the  makers  or  owners  thereof,  or  other  persons 
having  possession,  care,  and  control  of  the  same,  and  the  pipes,  casks, 
and  tanks  in  which  the  said  wines  are  contained,  which  transfers  shall 
be  made  in  writing,  and  certified  and  acknowledged  and  verified  in  the 
same  form  as  provided  for  chattel  mortgages,  and  which  shall  be  recorded 
in  the  book  of  miscellaneous  records  in  the  office  of  the  County  Recorder 
of  the  county  in  which  the  same  are  situated;  provided,  further,  that 
every  transfer  of  personal  property,  by  husband  to  wife,  and  used  by 
them  in  common,  is  conclusively  presumed  to  be  fraudulent  and  there- 
fore void  under  this  section,  unless  at  the  time  of  such  transfer  of  such 
property  the  same  is  described  in  an  inventory  of  the  wife's  separate 
property,  made  and  recorded  as  provided  in  section  one  hundred  and 
sixty-five  of  this  Code. 

Note.— The  amendment  to  this  section  makes  any  transfer  of  personal  property 
by  the  husband  to  the  wife,  used  in  common  by  them,  void,  unless  an  inventory 
thereof  as  the  separate  property  of  the  wife  is  at  the  same  time  filed,  as  provided 
in  Section  165. 


CODE   OP   CIVIL   PROCEDURE.  103 


PROPOSED  AMENDMENTS  TO  THE 

CODE  OF  CIVIL  PROCEDURE. 


Section  11.     To  be  repealed. 

Note.— AH  of  the  provisions  of  this  section  are  contained  in  Section  10  of  this 
Code. 

Section  66.     To  be  amended  to  read  as  follows: 

Sec.  66.  In  the  County  of  Los  Angeles  there  shall  be  elected  six 
judges  of  the  Superior  Court;  in  the  County  of  Alameda  there  shall  be 
elected  four  judges  of  the  Superior  Court;  in  the  County  of  Sacramento 
there  shall  be  elected  three  judges  of  the  Superior  Court;  in  each  of  the 
counties  of  Fresno,  Humboldt,  San  Joaquin,  Santa  Clara,  Sonoma,  San 
Bernardino,  and  San  Diego,  there  shall  be  elected  two  judges  of  the 
Superior  Court;  and  in  each  of  said  counties,  and  in  any  county,  or 
city  and  county,  other  than  the  City  and  County  of  San  Francisco,  in 
which  there  shall  be  more  than  one  judge  of  the  Superior  Court,  the 
judges  of  such  court  may  hold  as  many  sessions  of  said  court  at  the 
same  time  as  there  are  judges  thereof,  and  shall  apportion  the  business 
among  themselves  as  equally  as  may  be. 

Note.— The  amendment  of  this  section  designates  the  number  of  judges  in  the 
different  counties,  as  changed  by  Acts  passed  subsequent  to  the  enactment  of  the 
section. 

Section  248.  A  new  section  to  be  added  to  Article  X,  Chapter  II, 
Title  III,  Part  I,  to  read  as  follows: 

Fees  of  jurors  in  civil  cases — how  paid. 

Sec.  248.  The  fees  of  the  jury  in  civil  cases  shall  be  paid  by  the  pre- 
vailing party  at  the  conclusion  of  the  trial  before  the  jury  is  discharged, 
and  no  judgment  shall  be  entered  on  the  verdict  of  the  jury  until  such 
fees  are  paid.  If  the  prevailing  party  shall  refuse  or  neglect  to  pay 
the  jury  fees  as  above  provided,  the  court  shall  enter  an  order-that  the 
amount  of  such  fees  (stating  it)  shall  be  paid  into  court  by  the  prevail- 
ing party,  and  execution  may  be  issued  thereon  as  upon  a  judgment. 
If  such  fees  are  not  paid  or  collected  within  five  days  after  the  discharge 
of  the  jury,  the  fees  of  the  jury  shall  be  paid  by  the  county  in  which 
the  action  was  tried,  as  in  criminal  cases.     The  amount  paid  by  the 


104  PROPOSED    AMENDMENTS   TO   THE 

county  must  be  refunded  whenever  paid  by,  or  collected  from,  the  pre- 
vailing party  in  the  action.  It  shall  be  the  duty  of  the  District 
Attorney  of  the  county  to  attend  to  the  collection,  for  the  benefit  of  the 
county,  of  all  jury  fees  ordered  to  be  paid  into  court  under  this  section. 

Note.— The  scope  of  the  section  is  to  allow  the  trial  by  jury  in  all  proper  cases 
when  demanded,  irrespective  of  the  question  whether  the  party  demanding  it  is 
able  to  advance  such  fees. 

Section  269.     To  be  amended  to  read  as  follows: 

Sec.  269.  The  judge  or  judges  of  any  Superior  Court  in  the  State 
may  appoint  a  competent  phonographic  reporter,  or  as  many  such 
reporters  as  there  are  judges,  to  be  known  as  official  reporter  or  reporters 
of  such  court,  and  to  hold  office  during  the  pleasure  of  the  judge  or 
judges  appointing  them.  Such  reporter,  or  any  of  them,  where  there 
are  two  or  more,  shall,  at  the  request  of  either  party,  or  of  the  court, 
in  a  civil  action  or  proceeding,  and  on  the  order  of  the  court,  the 
District  Attorney,  or  of  the  attorney  for  defendant  in  a  criminal  action 
or  proceeding,  take  down,  in  shorthand,  all  the  testimony,  the  objections 
made,  the  rulings  of  the  court,  the  exceptions  taken,  the  oral  instruc- 
tions given,  and  any  statement  made  by  counsel,  or  any  other  person, 
and,  if  directed  by  the  court,  or  requested  by  either  party,  shall,  within 
such  reasonable  time  after  the  trial  of  such  case  as  the  court  may 
designate,  write  out  the  same  in  plain,  legible  long-hand  or  typewriting, 
and  verify  and  file  it  with  the  clerk  of  the  court  in  which  the  case  was 
tried. 

Section  274.     To  be  amended  to  read  as  follows: 

Sec.  274.  The  official  reporter  shall  receive  for  attendance  on  court 
and  reporting,  a  monthly  salary,  payable  one  half  by  the  State  and  one 
half  by  the  county,  at  the  same  time  and  in  the  same  manner  as  the 
salaries  of  the  judges  of  the  Superior  Court;  and  for  transcription  he 
shall  receive  fees,  payable,  in  criminal  cases,  by  the  county,  and  in  civil 
cases  by  the  party  ordering  the  same,  or,  where  ordered  by  the  court,  by 
either  or  both  parties,  as  the  court  may  direct.  Said  monthly  salary 
shall  be  as  follows:  In  counties  of  the  first,  second,  and  third  classes, 
one  hundred  and  seventy-five  dollars;  in  counties  of  the  fourth  to 
the  twelfth  class,  both  inclusive,  one  hundred  and  sixty  dollars;  in 
counties  of  the  thirteenth  to  the  twenty-ninth  class,  both  inclusive,  one 
hundred  and  fifty  dollars;  in  counties  of  the  thirtieth  to  the  thirty- 
ninth  class,  both  inclusive,  one  hundred  and  twenty-five  dollars;  in 
counties  of  the  fortieth  to  the  forty-ninth  class,  both  inclusive,  seventy- 
five  dollars;  in  counties  of  all  the  remaining  classes,  fifty  dollars.  Said 
fees  for  transcription  shall  be  ten  cents  per  folio  of  one  hundred  words 
for  the  original,  and  five  cents  per  folio  of  one  hundred  words  for  each 
copy;  provided,  that  where  the  reporter  is  required  to  transcribe  the 


CODE    OF   CIVIL   PROCEDURE.  105 

whole,  or  any  part,  of  the  testimony  during  the  progress  of  the  trial, 
he  shall  be  entitled  to  receive  twenty  cents  per  folio  for  the  original 
and  ten  cents  for  each  copy.  Where  there  is  no  regularly  appointed 
official  reporter,  and  the  judge  temporarily  appoints  one  to  report  a 
case,  such  reporter  shall  receive  ten  dollars  per  day  for  reporting  and 
the  same  fees  for  transcription  as  are  allowed  regular  reporters,  by  this 
section,  and  in  addition  his  actual  traveling  expenses  where  not  a  resi- 
dent of  the  county. 

Section  335,  of  Chapter  III,  Title  II,  Part  II,  to  be  Section  334  of 
said  chapter. 

Section  335.     A  new  section  to  be  added  to  read  as  follows: 
Sec.  335.     Within  six  years:  All  actions  of  tort,  except  those  herein- 
after mentioned. 

Note.— "The  statutes  of  limitation  of  the  several  States  apply  to  actions  at  law 
for  the  infringement  of  letters-patent."  (Campbell  vs.  Haverhill,  155  U.  S.  610.) 
There  is  no  Federal  statute  or  section  of  the  Codes  which  applies  to  such  actions. 
The  object  of  the  foregoing  amendment  is  to  supply  such  an  enactment. 

Section  337.     To  be  amended  to  read  as  follows: 
Sec.  337.     Within  four  years: 

1.  An  action  upon  any  contract,  obligation,  or  liability,  founded  upon 
an  instrument  in  writing; 

2.  An  action  against  a  stockholder  of  a  corporation  to  enforce  a 
liability  created  by  law. 

Note.— This  amendment,  together  with  the  one  proposed  to  Section  359,  will 
make  the  statute  of  limitations  four  years  upon  an  action  to  recover  upon  a  stock- 
holder's liability,  instead  of  three  years  after  the  discovery,  by  the  aggrieved  party, 
of  the  facts  upon  which  the  liability  was  created. 

Section  339.     To  be  amended  to  read  as  follows: 
Sec.  339.     Within  two  years: 

1.  An  action  upon  a  contract,  obligation,  or  liability,  not  founded 
upon  an  instrument  in  writing; 

2.  An  action  against  a  Sheriff,  Coroner,  or  Constable,  upon  a  liability 
incurred  by  the  doing  of  an  act  in  his  official  capacity,  and  in  virtue  of 
his  office,  or  by  the  omission  of  an  official  duty,  including  the  non- 
payment of  money  collected  upon  an  execution;  but  this  subdivision 
does  not  apply  to  an  action  for  an  escape; 

3.  An  action  to  recover  damages  for  the  death  of  one  caused  by  the 
wrongful  act  or  neglect  of  another. 

Note.— The  amendment  to  the  last  two  sections  will  make  the  period  of  limita- 
tion four  years  for  actions  upon  written  instruments,  whether  executed  within  or 
without  the  State. 


106  PROPOSED   AMENDMENTS   TO   THE 

Section  359.     To  be  amended  to  read  as  follows: 

Sec.  359.  The  preceding  sections  of  this  title  do  not  affect  actions 
against  directors  or  stockholders  of  a  corporation  to  recover  a  penalty 
or  forfeiture  imposed;  but  such  actions  must  be  brought  within  three 
years  after  the  discovery  by  the  aggrieved  party  of  the  facts  upon  which 
the  penalty  or  forfeiture  attached. 

Section  383.     To  be  amended  to  read  as  follows: 

Sec.  383.  Persons  severally  liable  upon  the  same  obligation  or  instru- 
ment, including  the  parties  to  bills  of  exchange  and  promissory  notes,  and 
sureties  on  the  same  or  separate  instruments,  may  all  or  any  of  them 
be  included  in  the  same  action,  at  the  option  of  the  plaintiff;  and  all  or 
any  of  them  may  join  as  plaintiffs  in  the  same  action,  concerning  or 
affecting  the  obligation  or  instrument  upon  which  they  are  severally 
liable. 

Section  389.     To  be  amended  to  read  as  follows: 

Sec.  389.  The  court  may  determine  any  controversy  between  parties 
before  it,  when  it  can  be  done  without  prejudice  to  the  rights  of  others, 
or  by  saving  their  rights;  but  when  a  complete  determination  of  the 
controversy  cannot  be  had  without  the  presence  of  other  parties,  the 
court  must  then  order  them  to  be  brought  in,  and  to  that  end  may  order 
amended  and  supplemental  pleadings,  or  a  cross-complaint  to  be  filed, 
and  summons  thereon  to  be  issued  and  served.  And  when,  in  an  action 
for  the  recovery  of  real  or  personal  property,  a  person,  not  a  party  to 
the  action,  but  having  an  interest  in  the  subject  thereof,  makes  applica- 
tion to  the  court  to  be  made  a  party,  it  may  order  him  to  be  brought  in, 
by  the  proper  amendment. 

Section  396.     To  be  amended  to  read  as  follows: 

Sec.  396.  If  the  county  in  which  the  action  is  commenced  is  not  the 
proper  county  for  the  trial  thereof,  the  action  may,  notwithstanding,  be 
tried  therein,  unless  the  defendant,  at  the  time  he  appears  and  answers 
or  demurs,  files  an  affidavit  of  merits,  and  a  notice  of  motion  that  the 
trial  be  had  in  the  proper  county. 

Note.— The  amendment  does  away  with  demands  in  writing  that  the  trial  be 
had  in  the  proper  county,  and  substitutes  therefor  a  notice  of  motion. 

Section  407.     To  be  amended  to  read  as  follows: 
Sec.  407.     The  summons  must  be  directed  to  the  defendant,  signed  by 
the  clerk,  and  issued  under  the  seal  of  the  court,  and  must  contain: 

1.  The  names  of  the  parties  to  the  action,  the  court  in  which  it  is 
brought,  and  the  county  in  which  the  complaint  is  filed; 

2.  A  direction  that  the  defendant  appear  and  answer  the  complaint 


CODE   OF    CIVIL   PROCEDURE.  107 

within  ten  days,  if  the  summons  is  served  within  the  county  in  which 
the  action  is  brought;  within  thirty  days,  if  served  elsewhere; 

3.  A  notice  that,  unless  the  defendant  so  appears  and  answers,  the 
plaintiff  will  take  judgment  for  any  money  or  damages  demanded  in 
the  complaint  as  arising  upon  contract,  and  will  apply  to  the  court  for 
any  other  relief  demanded  in  the  complaint. 

Note.— This  amendment  will  simplify  the  form  of  a  summons,  inasmuch  as  the 
summons  is  served  by  delivering  a  copy  of  the  complaint  in  all  cases  other  than 
by  publication.  When  publication  of  the  summons  is  ordered,  under  the  proposed 
amendment  to  Section  413,  infra,  the  court  must  order  the  summons,  and  a  copy 
of  the  prayer  of  the  complaint  in  the  action,  to  be  published,  which  will  give  the 
defendant  sufficient  notice  of  the  nature  of  the  action.  * 

Section  408.     To  be  amended  to  read  as  follows: 

Sec.  408.  If  the  summons  is  returned  without  being  served  on  any 
or  all  of  the  defendants,  or  if  it  has  been  lost,  the  clerk,  upon  the 
demand  of  the  party  causing  the  issuance  of  such  summons  in  the  first 
instance,  may  issue  an  alias  summons  in  the  same  form  as  the  original; 
provided,  that  no  such  alias  summons  shall  be  issued  after  the  expira- 
tion of  one  year  from  the  date  of  the  filing  of  the  pleading  on  which  it 
is  sought  to  have  such  alias  summons  issued. 

Section  410.     To  be  amended  to  read  as  follows: 

Sec.  410.  The  summons  may  be  served  by  the  Sheriff  of  the  county 
where  the  defendant  is  found,  or  by  any  other  person  over  the  age  of 
eighteen  years,  not  a  party  to  the  action.  A  copy  of  the  complaint  or 
cross-complaint  upon  which  the  summons  was  issued,  must  be  served 
with  the  summons  upon  each  of  the  defendants  affected  thereby. 
When  the  summons  is  served  by  the  Sheriff,  it  must  be  returned,  with 
his  certificate  of  its  service  and  of  the  service  of  a  copy  of  the  pleading 
on  which  such  summons  was  issued,  to  the  office  of  the  clerk  from 
which  it  was  issued.  When  it  is  served  by  any  other  person,  it  must 
be  returned  to  the  same  place,  with  an  affidavit  of  such  person  of  its 
service  and  of  the  service  of  a  copy  of  the  pleading  on  which  it  was 
issued. 

Section  412.     To  be  amended  to  read  as  follows: 

Sec.  412.  Where  the  person  on  whom  service  is  to  be  made  resides 
out  of  the  State;  or  has  departed  from  the  State;  or  cannot,  after  due  dili- 
gence, be  found  within  the  State;  or  conceals  himself  to  avoid  the  service 
of  summons;  or  is  a  foreign  corporation  having  no  managing  or  business 
agent,  cashier,  or  secretary  within  the  State,  and  the  fact  appears  by 
affidavit,  or  by  a  verified  pleading  on  file,  that  a  cause  of  action  exists 
against  the  defendant  in  respect  to  whom  the  service  is  to  be  made,  or 
that  he  is  a  necessary  or  proper  party  to  the  action;  or  when  it  appears  by 
such  affidavit,  or  by  the  complaint  or  other  verified  pleading  on  file  therein, 


108  PROPOSED   AMENDMENTS   TO   THE 

that  it  is  an  action  which  relates  to,  or  the  subject  of  which  is,  real  or 
personal  property  in  this  State,  in  which  such  person  defendant,  or 
foreign  corporation  defendant,  has  or  claims  a  lien  or  interest,  actual  or 
contingent,  therein,  or  in  which  the  relief  demanded  consists  wholly  or 
in  part  in  excluding  such  person  or  foreign  corporation  from  any  interest 
therein,  such  court  or  judge  may  make  an  order  that  the  service  be 
made  by  the  publication  of  the  summons. 

Section  413.     To  be  amended  to  read  as  follows: 

Sec.  413.  The  order  must  direct  the  publication  of  the  summons  and 
of  the  prayer  of  the  eomplaint  or  cross-complaint  on  which  said  sum- 
mons has  been  issued,  to  be  made  in  a  newspaper,  to  be  designated  as  most 
likely  to  give  notice  to  the  person  to  be  served,  and  for  such  length  of 
time  as  may  be  deemed  reasonable,  at  least  once  a  week;  but  publica- 
tion against  a  defendant  residing  out  of  the  State,  or  absent  therefrom, 
must  not  be  less  than  two  months.  In  case  of  publication,  where  the 
residence  of  a  non-resident  or  absent  defendant  is  known,  the  court  or 
judge  must  direct  a  copy  of  the  summons  and  complaint  or  cross-com- 
plaint on  which  the  summons  has  been  issued  to  be  forthwith  deposited 
in  the  post  office,  directed  to  the  person  to  be  served,  at  his  place  of 
residence.  When  publication  is  ordered,  personal  service  of  a  copy  of 
the  summons  and  complaint  or  cross-complaint,  as  the  case  may  be,  out 
of  the  State,  is  equivalent  to  publication  and  deposit  in  the  post  office; 
and  in  either  case  the  service  of  the  summons  is  complete  at  the  expi- 
ration of  the  period  of  publication  prescribed  by  the  order  directing  the 
publication. 

Section  414.     To  be  amended  to  read  as  follows: 

Sec.  414.  When  the  cause  of  action  stated  by  the  complaint  or  cross- 
complaint  is  against  two  or  more  defendants  jointly  or  severally  liable 
on  a  contract,  and  the  summons  is  served  on  one  or  more,  but  not  on  all 
of  them,  the  plaintiff  or  cross-complainant,,  as  the  case  may  be,  may 
proceed  against  the  defendants  served,  in  the  same  manner  as  if  they 
were  the  only  defendants. 

Section  415.     To  be  amended  to  read  as  follows: 
Sec.  415.     Proof  of  the  service  of  summons  and  complaint  or  cross- 
complaint,  as  the  case  may  be,  must  be  as  follows: 

1.  If  served  by  the  Sheriff,  his  certificate  thereof; 

2.  If  by  any  other  person,  his  affidavit  thereof;  or, 

3.  In  case  of  publication,  the  affidavit  of  the  printer,  or  his  foreman, 
or  principal  clerk,  showing  the  same  in  accordance  with  the  order 
therefor;  and  an  affidavit  of  a  deposit  of  a  copy  of  the  summons  and 
complaint  or  cross-complaint,  as  the  case  may  be,  in  the  post  office,  if 
the  same  has  been  deposited;  or, 


CODE   OF    CIVIL   PROCEDURE.  109 

4.  The  written  admission  of  the  defendant. 

In  case  of  service  otherwise  than  by  publication,  the  certificate  or 
affidavit  must  state  the  time  and  place  of  service. 

Section  416.     To  be  amended  to  read  as  follows: 

Sec.  416.  From  the  time  of  the  service  of  the  summons  and  of  a  copy 
of  the  complaint  or  cross-complaint  in  a  civil  action,  or  of  the  com- 
pletion of  the  publication,  when  service  by  publication  is  ordered,  the 
court  is  deemed  to  have  acquired  jurisdiction  of  the  parties  and  to  have 
control  of  all  the  subsequent  proceedings.  The  voluntary  appearance 
of  a  defendant  is  equivalent  to  personal  service  of  the  summons  and  a 
copy  of  the  complaint  or  cross-complaint,  as  the  case  maybe,  upon  him. 

Section  427.     To  be  amended  to  read  as  follows: 
Sec.  427.     The  plaintiff  may  unite  several  causes  of  action  in  the: 
same  complaint  where  they  all  arise  out  of: 

1.  Contracts,  express  or  implied; 

2.  Claims  to  recover  specific  real  property,  with  or  without  damages 
for  the  withholding  thereof,  or  for  waste  committed  thereon,  and  the 
rents  and  profits  of  the  same; 

3.  Claims  to  recover  specific  personal  property,  with  or  without  dam-: 
ages  for  the  withholding  thereof; 

4.  Claims  against  a  trustee  by  virtue  of  a  contract,  or  by  operation 
of  law; 

5.  Injuries  to  property; 

6.  Injuries  to  character  and  person. 

The  causes  of  action  so  united  must  all  belong  to  one  only  of  these 

classes,  and  must  affect  all  the  parties  to  the  action,  and  not  require 

different  places  of  trial,  and  must  be  separately  stated. 

Note. — The  amendment  allows  all  causes  of  action  for  injuries  to  the  character 
and  person  to  be  united,  being  separately  stated  in  the  complaint. 

Section  434.     To  be  amended  to  read  as  follows: 

Sec.  434.  If  no  objection  be  taken,  either  by  demurrer  or  answer,  or 
if  a  demurrer  specifying  an  objection  be  overruled  for  want  of  prosecu- 
tion or  presentment,  the  defendant  must  be  deemed  to  have  waived  the 
same,  excepting  only  the  objection  to  the  jurisdiction  of  the  court  and 
the  objection  that  the  complaint  does  not  state  facts  sufficient  to  consti- 
tute a  cause  of  action. 

Note. — The  amendment  is  that  any  ground  of  special  demurrer  must  be  deemed 
waived,  although  the  defendant  demurs  on  that  ground,  unless  he  prosecutes  his 
demurrer  with  due  diligence. 

Section  442.     To  be  amended  to  read  as  follows: 
Sec.  442.     Whenever  the  defendant  seeks  affirmative  relief  against 
any  party,  relating  to  or  depending  upon  the  contract  or  transaction 


HO  PROPOSED   AMENDMENTS   TO   THE 

upon  which  the  action  is  brought,  or  affecting  the  property  to  which  the 
action  relates,  he  may,  in  addition  to  his  answer,  file  at  the  same  time, 
or  by  permission  of  the  court  subsequently,  a  cross-complaint.  New 
parties  may  be  brought  into  the  action  by  cross-complaint.  The  cross- 
complaint  must  be  served  upon  the  parties  affected  thereby,  and  such 
parties  may  demur  or  answer  thereto  as  to  the  original  complaint. 
Summons  may  be  issued  upon  a  cross-complaint  as  upon  the  original 
complaint. 

Note.— The  amendment  provides  for  the  issuance  of  a  summons  upon  a  cross- 
complaint,  and  also  conforms  the  section  to  the  decision  in  Winter  vs.  McMillan, 
87  Cal.  256,  by  allowing  new  parties  to  be  brought  in  by  a  cross-complaint. 

Section  446.     To  be  amended  to  read  as  follows: 

Sec.  446.  Every  pleading  must  be  subscribed  by  the  party  or  his 
attorney;  and  when  the  complaint  is  verified,  or  when  the  State,  or  any 
officer  of  the  State,  in  his  official  capacity,  is  plaintiff,  the  answer  must 
be  verified,  unless  an  admission  of  the  truth  of  the  complaint  might 
subject  the  party  to  a  criminal  prosecution,  or  unless  an  officer  of  the 
State,  in  his  official  capacity,  is  defendant.  In  all  cases  of  a  verifica- 
tion of  a  pleading,  the  affidavit  of  the  party  must  state  that  the  same  is 
true  of  his  own  knowledge,  except  as  to  the  matters  which  are  therein 
stated  on  his  information  or  belief,  and  as  to  those  matters,  that  he 
believes  it  to  be  true;  and  where  a  pleading  is  verified,  it  must  be  by 
the  affidavit  of  a  party,  unless  the  parties  are  absent  from  the  county 
where  trie  attorney  resides,  or  from  some  cause  unable  to  verify  it,  or 
the  facts  are  within  the  knowledge  of  his  attorney,  or  other  person  veri- 
fying the  same.  When  the  pleading  is  verified  by  the  attorney,  or  any 
other  person,  except  one  of  the  parties,  he  must  set  forth  in  the  affidavit 
the  reasons  why  it  is  not  made  by  one  of  the  parties,  and  state  therein 
that  the  same  is  true  of  his  own  knowledge,  or  that  he  believes  it  to  be 
true.  When  a  corporation  is  a  party,  the  verification  may  be  made  by 
any  officer  thereof. 

Note.— The  amendment  requires  that  where  the  verification  is  made  by  a  person 
other  than  one  of  the  parties,  the  affidavit  must  state  that  the  same  is  true  of 
.  affiant's  own  knowledge,  or  that  he  believes  it  to  be  true. 

Section  540.     To  be  amended  to  read  as  follows: 

Sec.  540.  The  writ  must  be  directed  to  the  Sheriff  of  any  county  in 
which  property  of  such  defendant  may  be,  and  must  require  him  to 
attach  and  safely  keep  all  the  property  of  such  defendant  within  his 
county,  not  exempt  from  execution,  or  so  much  thereof  as  may  be  suffi- 
cient to  satisfy  the  plaintiff's  demand,  the  amount  of  which  must  be 
stated  in  conformity  with  the  complaint,  unless  the  defendant  give  him 
security  by  the  undertaking  of  at  least  two  sufficient  sureties,  in  an 
amount  sufficient  to  satisfy  such  demand,  besides  costs,  or  in  an  amount 


CODE   OF    CIVIL   PROCEDURE.  Ill 

equal  to  the  value  of  the  property  which  has  been,  or  is  about  to  be, 
attached;  in  which  case  to  take  such  undertaking.  No  recovery  shall  be 
had  against  the  sureties  on  such  undertaking,  neither  shall  any  recovery 
be  had  against  the  Sheriff  by  reason  of  any  failure  to  levy  the  writ  on 
such  property,  if  the  court  in  which  the  writ  of  attachment  was  issued, 
or  the  appellate  court,  shall  discharge  the  same  on  the  ground  that  it 
was  improperly  or  irregularly  issued,  or  if  the  plaintiff  fail  to  recover 
judgment  against  the  defendant  furnishing  such  undertaking.  Several 
writs  may  be  issued  at  the  same  time  to  the  Sheriffs  of  different  counties. 

Note—  The  amendment  permits  no  recovery  on  the  bond  if  the  attachment  is 
afterward  dissolved  as  improperly  issued,  or  if  the  plaintiff  fails  to  recover  judg- 
ment against  the  particular  defendant  furnishing  such  bond. 

Section  542.     To  be  amended  to  read  as  follows: 

Sec.  542.  The  Sheriff  to  whom  the  writ  is  directed  and  delivered 
must  execute  the  same  without  delay,  if  the  undertaking  mentioned  in 
section  five  hundred  and  forty  be  not  given,  as  follows: 

1.  Real  property,  standing  upon  the  records  of  the"  county  in  the 
name  of  the  defendant,  must  be  attached,  by  filing  with  the  Recorder  of 
the  county  a  copy  of  the  writ,  together  with  a  description  of  the  property 
attached,  and  a  notice  that  it  is  attached;  and  by  leaving  a  similar  copy 
of  the  writ,  description,  and  notice  with  an  occupant  of  the  property,  if 
there  is  one;  if  not,  then  by  posting  the  same  in  a  conspicuous  place  on 
the  property  attached; 

2.  Real  property,  or  an  interest  therein,  belonging  to  the  defendant, 
and  held  by  any  other  person,  or  standing  en  the  records  of  the  county 
in  the  name  of  any  other  person,  must  be  attached,  by  filing  with  the 
Recorder  of  the  county  a  copy  of  the  writ,  together  with  a  description  of 
the  property,  and  a  notice  that  such  real  property,  and  any  interest  of 
the  defendant  therein,  held  by  or  standing  in  the  name  of  such  other 
person  (naming  him),  are  attached;  and  by  leaving  with  the  occupant, 
if  any,  and  with  such  other  person,  or  his  agent,  if  known  and  within 
the  county,  or  at  the  residence  of  either,  if  within  the  county,  a  copy  of 
the  writ,  with  a  similar  description  and  notice.  If  there  is  no  occupant 
of  the  property,  a  copy  of  the  writ,  together  with  such  description  and 
notice,  must  be  posted  in  a  conspicuous  place  upon  the  property.  The 
Recorder  must  index  such  attachment  when  filed,  in  the  names,  both  of 
the  defendant  and  of  the  person  by  whom  the  property  is  held  or  in 
whose  name  it  stands  on  the  records; 

3.  Personal  property,  capable  of  manual  delivery,  must  be  attached 
by  taking  it  into  custody; 

4.  Stocks  or  shares,  or  interest  in  stocks  or  shares,  of  any  corporation 
or  company,  must  be  attached  by  leaving  with  the  president,  or  other 
head  of  the  same,  or  the  secretary,  cashier,  or  other  managing  agent 


112  PROPOSED   AMENDMENTS    TO   THE 

thereof,  a  copy  of  the  writ,  and  a  notice  stating  that  the  stock  or  interest 
of  the  defendant  is  attached,  in  pursuance  of  such  writ; 

5.  Debts  and  credits,  and  other  personal  property,  not  capable  of 
manual  delivery,  must  be  attached  by  leaving  with  the  person  owing 
such  debts,  or  having  in  his  possession,  or  under  his  control,  such  credits 
and  other  personal  property,  or  with  his  agent,  a  copy  of  the  writ,  and 
a  notice  that  the  debts  owing  by  him  to  the  defendant,  or  the  credits 
and  other  personal  property  in  his  possession,  or  under  his  control, 
belonging  to  the.  defendant,  are  attached  in  pursuance  of  such  writ;  and 
when  a  debt  due  under  a  judgment  is  attached,  a  copy  of  the  writ  shall 
also  be  filed  with  the  clerk  of  the  court  wherein  the  judgment  was 
rendered,  and  thereupon  the  clerk  of  the  Superior  Court  shall  enter  in 
his  register  the  filing  of  such  copy  and  write  upon  the  face  of  such 
judgment,  where  recorded  in  his  office,  the  word  "attached."  When 
the  judgment  was  rendered  in  a  Justice's  Court,  a  copy  of  the  writ  shall 
be  filed  with  the  justice  of  such  court,  who  shall  thereupon  enter  the 
fact  of  such  filing  in  his  docket; 

6.  The  interest  of  a  partner  in  partnership  property  must  be  attached 
by  leaving  with  the  person  in  charge  of  such  property,  a  copy  of  the 
writ  and  a  notice  that  the  interest  of  the  defendant  therein  is  attached 
in  pursuance  of  such  writ. 

Note.— The  amendment  provides  for  the  levy  of  an  attachment  or  execution  in 
a  suit  against  one  partner,  upon  his  interest  in  partnership  property,  by  the  service 
of  notice.  It  is  unfair  to  the  other  partners  to  allow  the  Sheriff  to  take  possession 
of  any  of  the  partnership  assets  in  a  suit  affecting  one  partner  alone.  The  only 
interest  which  can  be  applied  to  the  satisfaction  of  the  judgment  obtained  in  such 
a  case  is  that  of  the  partner  defendant  therein,  which  is  a  share  thereof  after  the 
partnership  liabilities  are  settled.  The  amendment  also  provides  for  levy  upon  a 
judgment. 

Section  555.     To  be  amended  to  read  as  follows: 

Sec.  555.  Before  making  such  order,  the  court  or  judge  must  require 
an  undertaking  on  behalf  of  the  defendant,  by  at  least  two  sureties, 
residents  and  freeholders,  or  householders,  in  the  State,  to  the  effect 
that  in  case  the  writ  of  attachment  be  not  discharged  on  motion  in  the 
action  in  which  the  writ  was  issued,  on  the  ground  that  the  same  was 
improperly  or  irregularly  issued,  or  in  case  the  plaintiff  recover  judg- 
ment in  the  action,  defendant  will,  on  demand,  re-deliver  the  attached 
property  so  released  to  the  proper  officer,  to  be  applied  to  the  payment 
of  the  judgment,  or,  in  default  thereof,  that  the  defendant  and  sureties 
will,  on  demand,  pay  to  the  plaintiff  the  full  value  of  the  property 
released.  The  court  or  judge  making  such  order  may  fix  the  sum  for 
which  the  undertaking  must  be  executed,  and,  if  necessary,  in  fixing 
such  sum,  to  know  the  value  of  the  property  released,  the  same  may  be 
appraised  by  one  or  more  disinterested  persons,  to  be  appointed  by  the 
court  for  that  purpose.     The  sureties  may  be  required  to  justify  before 


CODE   OF   CIVIL    PROCEDURE.  113 

the  court  or  judge,  and  the  property  attached  cannot  be  released  from 
the  attachment  without  their  justification,  if  the  same  be  required. 

Note. — The  present  section  conditions  the  liability  of  the  Sheriff  on  the  recov- 
ery of  judgment  by  the  plaintiff.  The  proposed  amendment  adds  to  this  the 
further  condition  that  tbe  attachment  must  not  be  discharged  on  the  ground  that 
the  writ  was  improperly  or  irregularly  issued. 

Section  581.     To  be  amended  to  read  as  follows: 
Sec.  581.     An  action  may  be  dismissed,  or  a  judgment   of   nonsuit 
entered,  in  the  following  cases: 

1.  By  the  plaintiff  himself,  by  written  request  to  the  clerk,  filed 
among  the  papers  in  the  case,  at  any  time  before  trial,  upon  payment  of 
costs;  provided t  a  counterclaim  has  not  been  made,  or  affirmative  relief 
sought  by  the  cross-complaint  or  answer  of  the  defendant.  If  a  pro- 
visional remedy  has  been  allowed,  the  undertaking  must  thereupon  be 
delivered  by  the  clerk  to  the  defendant,  who  may  have  his  action 
thereon; 

2.  By  either  party  upon  the  written  consent  of  the  other; 

3.  By  the  court,  when  the  plaintiff  fails  to  appear  on  the  trial,  and 
the  defendant  appears  and  asks  for  the  dismissal; 

4.  By  the  court,  when,  upon  the  trial  and  before  the  final  submission 
of  the  case,  the  plaintiff  abandons  it; 

5.  By  the  court,  upon  motion  of  the  defendant,  when  uppn  the  trial 
the  plaintiff  fails  to  prove  a  sufficient  case  for  the  jury; 

6.  By  the  court,  when,  after  verdict  or  final  submission,  the  party 
entitled  to  judgment  neglects  to  demand  and  have  the  same  entered  for 
more  than  six  months. 

The  dismissals  mentioned  in  subdivisions  one  and  two  hereof,  are 
made  by  entry  in  the  clerk's  register. 

The  dismissals  mentioned  in  subdivisions  three,  four,  five,  and  six  of 
this  section,  shall  be  made  by  orders  of  the  court  entered  upon  the  min- 
utes thereof,  and  shall  be  effective  for  all  purposes  when  so  entered,  but 
the  clerk  of  the  court  shall  note  such  orders  in  his  register  of  actions  in 
the  case. 

7.  And  no  action  heretofore  or  hereafter  commenced  shall  be  further 
prosecuted,  and  no  further  proceedings  shall  be  had  therein,  and  all 
actions  heretofore  or  hereafter  commenced  shall  be  dismissed  by  the 
court  in  which  the  same  shall  have  been  commenced,  on  its  own  motion, 
or  on  motion  of  any  party  interested  therein,  whether  named  in  the 
complaint  as  a  party  or  not,  unless  summons  shall  have  been  issued 
within  one  year;  and  all  such  actions  shall  be  in  like  manner  dis- 
missed, unless  the  summons  shall  be  served  and  return  thereon  made 
within  three  years  after  the  commencement  of  said  action.  But  all 
such  actions  may  be  prosecuted,  if  appearance  has  been  made  by  the 

8— c 


114  PROPOSED    AMENDMENTS   TO   THE 

defendant  or  defendants  within  said  three  years,  in  the  same  manner 

as  if  summons  had  been  issued  and  served. 

Notk.— The  effect  of  this  amendment  will  be  to  settle  conflicting  decisions  upon 
the  question  whether  an  action  is  dismissed  before  the  judgment  of  dismissal  is 
actually  recorded  by  the  clerk.  Under  the  amendment,  when  a  dismissal  is  filed, 
the  clerk  must  enter  the  same  in  his  register,  and  thereupon  the  action  shall  be 
for  all  purposes  deemed  to  be  dismissed. 

Section  585.     To  be  amended  to  read  as  follows: 
Sec.  585.     Judgment  may  be  had,  if  the  defendant  fail  to  answer  the 
complaint  or  cross-complaint,  as  follows: 

1.  On  a  cause  of  action  arising  upon  contract  for  the  recovery  of 
money  or  damages  only,  if  the  defendant  has  been  personally  served 
and  no  answer  has  been  filed  with  the  clerk  of  the  court  within  the  time 
specified  in  the  summons,  or  such  further  time  as  may  have  been  granted, 
the  clerk,  upon  application  of  the  plaintiff,  or  cross-complainant,  must 
enter  the  default  of  the  defendant,  and  immediately  thereafter  enter 
judgment  for  the  amount  demanded  by  the  complaint  or  cross-complaint, 
including  the  costs,  against  the  defendant,  or  against  one  or  more  of 
several  defendants,  in  the  cases  provided  for  in  section  four  hundred  and 
fourteen ; 

2.  On  other  causes  of  action,  if  the  defendant  has  been  personally 
served  and  no  answer  has  been  filed  with  the  clerk  of  the  court  within 
the  time  specified  in  the  summons,  or  such  further  time  as  may  have 
been  granted,  the  clerk  must  enter  the  default  of  the  defendant;  and 
thereafter  the  plaintiff  or  cross-complainant  may  apply  to  the  court  for 
the  relief  demanded  in  the  complaint  or  cross-complaint.  If  the  taking 
of  an  account,  or  the  proof  of  any  fact,  is  necessary  to  enable  the  court 
to  give  judgment,  or  to  carry  the  judgment  into- effect,  the  court  may 
take  the  account  or  hear  the  proof;  or  may,  in  its  discretion,  order  a 
reference  for  that  purpose.  And  where  the  action  is  for  the  recovery  of 
damages,  in  whole  or  in  part,  the  court  may  order  the  damages  to  be 
assessed  by  a  jury;  or  if,  to  determine  the  amount  of  damages,  the 
examination  of  a  long  account  be  involved,  by  a  reference  as  above  pro- 
vided; 

3.  In  actions  where  the  service  of  a  summons  was  by  publication,  the 
plaintiff  or  cross-complainant,  upon  the  expiration  of  the  time  for 
answering,  may,  upon  proof  of  the  publication,  and  that  no  answer  has 
been  filed,  apply  for  judgment;  and  the  court  must  thereupon  require 
proof  to  be  made  of  the  demand  mentioned  in  the  complaint  or  cross- 
complaint;  and  if  the  defendant  be  not  a  resident  of  the  State,  must 
require  the  plaintiff  or  his  agent  to  be  examined  on  oath  respecting  any 
payments  that  have  been  made  to  the  plaintiff  or  cross-complainant,  or 
to  any  one  for  his  use,  on  account  of  such  demand,  and  may  render  judg- 
ment for  the  amount  which  he  is  entitled  to  recover. 


CODE    OF   CIVIL    PROCEDURE.  115 

Section  632.     To  be  amended  to  read  as  follows: 

Sec.  632.  Upon  the  trial  of  a  question  of  fact  by  the  court,  its  de- 
cision must  be  given  within  thirty  days  after  the  cause  is  submitted  for 
decision,  and,  except  in  cases  on  appeal  to  the  Superior  Court,  as  a 
tribunal  of  final  resort,  must  be  in  writing,  and  filed  with  the  clerk. 

Note.— The  amendment  makes  findings  of  fact  unnecessary  in  the  decision  of 
cases  on  appeal  in  the  Superior  Court. 

Section  635.     A  new  section  to  be  added  to  read  as  follows: 
Sec.  635.     The  court  may  amend,  eliminate  from,  or  add  to  its  deci- 
sion, or  the  judgment  entered  thereon,  at  any  time  between  the  submis- 
sion of  a  motion  for  a  new  trial  and  the  entry  of  an  order  disposing  of 
such  motion. 

Note.— This  amendment  will  allow  the  court  to  amend  its  findings,  and  the 
judgment,  when,  on  the  argument  of  the  motion  for  a  new  trial,  it  is  apparent  that 
a  mistake  or  omission  has  been  made.  As  the  law  now  is,  the  court  cannot  cor- 
rect such  errors,  except  by  granting  a  new  trial. 

Section  658.     To  be  amended  to  read  as  follows: 

Sec.  658.  When  the  application  is  made  for  a  cause  mentioned  in 
the  first,  second,  third,  and  fourth  subdivisions  of  the  last  section,  it 
must  be  made  upon  affidavits;  and  for  any  other  cause  it  must  be  made 
upon  the  minutes  of  the  court,  as  hereinafter  provided. 

Section  659.     To  be  amended  to  read  as  follows: 

Sec.  659.  The  party  intending  to  move  for  a  new  trial  must,  within 
ten  days  after  the  verdict  of  the  jury,  if  the  action  were  tried  by  a  jury, 
or  after  notice  of  the  decision  of  the  court  or  referee,  if  the  action  were 
tried  without  a  jury,  file  with  the  clerk,  and  serve  upon  the  adverse 
party,  a  notice  of  his  intention,  designating  the  grounds  upon  which 
the  motion  will  be  made,  and  whether  the  same  will  be  made  upon 
affidavits  or  the  minutes  of  the  court,  or  both: 

1.  On  affidavits:  If  the  motion  is  to  be  made  upon  affidavits,  the 
moving  party  must,  within  ten  days  after  serving  the  notice,  or  such 
further  time  as  the  court  in  which  the  action  is  pending,  or  a  judge 
thereof,  may  allow,  file  such  affidavits  with  the  clerk,  and  serve  a  copy 
upon  the  adverse  party,  who  shall  have  ten  days  to  file  counter  affi- 
davits, a  copy  of  which  must  be  served  upon  the  moving  party; 

2.  On  minutes  of  court:  When  the  motion  is  to  be  made  upon  the 
minutes  of  the  court,  and  the  ground  of  the  motion  is  the  insufficiency 
of  the  evidence  to  justify  the  verdict  or  other  decision,  the  notice  of 
motion  must  specify  the  particulars  in  which  the  evidence  is  alleged  to 
be  insufficient;  and,  if  the  ground  of  the  motion  be  errors  in  law  occur- 
ring at  the  trial,  and  excepted  to  by  the  moving  party,  the  notice  must 
specify  the  particular  errors  upon  which  the  party  will  rely.     If  the 


116  PROPOSED   AMENDMENTS   TO   THE 

notice  does  not  contain  the  specifications  herein  indicated,  when  the 
motion  is  made  on  the  minutes  of  the  court,  the  motion  must  be  denied. 

Section  660.     To  be  amended  to  read  as  follows: 

Sec.  660.  The  application  for  a  new  trial  shall  be  heard  at  the 
earliest  practicable  period  after  notice  of  the  motion,  if  the  motion  is 
to  be  heard  upon  the  minutes  of  the  court,  and  in  other  cases,  after  the 
affidavits  are  filed,  and  may  be  brought  to  a  hearing  upon  motion  of 
either  party.  On  such  hearing  reference  may  be  had  in  all  cases  to  the 
pleadings  and  orders  of  the  court  on  file,  and  to  any  depositions  and 
documentary  evidence  on  file,  and  to  any  bill  of  exceptions  which  may 
have  been  settled  and  filed  during  the  progress  of  the  trial,  and  to  the 
phonographic  reporter's  notes,  whether  the  same  have  been  transcribed 
or  not. 

Section  661.     To  be  amended  to  read  as  follows: 

Sec.  661.  The  judgment  roll  and  the  affidavits,  and  such  bills  of 
exceptions  as  may  have  been  settled  and  filed  during  the  progress  of 
the  trial,  and  the  statement  of  the  case  to  be  prepared  after  the  decision 
of  the  motion,  with  a  copy  of  the  order,  shall  constitute  the  record  to  be 
used  on  appeal  from  the  order  granting  or  refusing  a  new  trial.  Such 
subsequent  statement  shall  ^e  proposed  by  the  party  appealing,  or 
intending  to  appeal,  within  ten  days  after  notice  of  the  entry  of  the 
order,  granting  or  denying  a  new  trial,  or  such  further  time  as  the 
court  in  which  the  action  is  pending,  or  a  judge  thereof,  may  allow,  and 
the  same  or  a  copy  thereof  shall  be  served  upon  the  adverse  party,  who 
shall  have  ten  days  thereafter  to  prepare  amendments  thereto,  and 
serve  the  same,  or  a  copy  thereof,  upon  the  party  appealing,  or  intend- 
ing to  appeal.  It  is  the  duty  of  the  judge,  in  settling  the  statement,  to 
strike  out  of  it  all  redundant  and  useless  matter,  and  to  make  the 
statement  truly  represent  the  case,  notwithstanding  the  assent  of  the 
parties  to  such  redundant  or  useless  matter,  or  to  any  inaccurate  state- 
ment. When  settled,  the  statement  shall  be  signed  by  the  judge,  with 
his  certificate  to  the  effect  that  the  same  is  allowed,  and  it  shall  then  be 
filed  with  the  clerk. 

Note.— The  four  last  proposed  amendments  will  require  all  motions  for  a  new 
trial,  except  where  made  upon  affidavits,  to  be  heard  upon  the  minutes  of  the 
court.  After  the  disposition  of  the  motion  a  statement  of  the  case  can  be  settled 
in  the  usual  way  by  the  party  desiring  to  appeal  from  the  order. 

Section  671.     To  be  amended  to  read  as  follows: 

Sec.  671.  Immediately  after  filing  the  judgment  roll,  the  clerk  must 
make  the  proper  entries  of  the  judgment,  under  appropriate  heads,  in 
the  docket  kept  by  him,  and  from  the  time  the  judgment  is  docketed  it 
becomes  a  lien  upon  all  the  real  property  of  the  judgment  debtor  not 


CODE   OF   CIVIL    PROCEDURE.  117 

exempt  from  execution  in  the  county,  owned  by  him  at  the  time,  or 
which  he  may  afterwards  acquire,  until  the  lien  ceases.  The  lien  con- 
tinues for  two  years,  unless  the  enforcement  of  the  judgment  be  stayed 
on  appeal  by  the  execution  of  a  sufficient  undertaking,  as  provided  in 
this  Code,  in  which  case  the  lien  of  the  judgment  ceases. 

Note.— The  amendment  makes  the  lien  upon  real  estate  of  a  judgment  cease  at 
the  end  of  two  years,  instead  of  rive  years,  as  by  the  present  section.  By  Section 
674,  two  years  is  the  limit  for  a  certified  transcript  of  a  judgment  as  filed  in  any 
other  county,  and  by  Section  900  the  filing  in  the  Recorder's  office  of  an  abstract 
of  the  judgment  rendered  by  a  justice  of  the  peace,  makes  such  judgment  alien 
for  only  two  years.  The  limit  should  be  the  same  in  all  cases,  and  it  is  believed 
that  the  interest  of  both  creditor  and  debtor  will  be  best  subserved  by  reducing 
the  time  in  all  cases  to  two  years.  The  amendment  also  eliminates  the  provision 
that  on  the  filing  of  a  stay  bond  on  appeal,  an  attachment  levied  by  the  respondent 
is  dissolved.  The  injustice  of  such  a  provision  is,  that  where  a  party  has  secured 
his  demand  by  an  attachment  and  recovers  judgment,  a  reversal  thereof  on  appeal 
on  technical  grounds,  where  a  stay  bond  has  been  filed,  leaves  him  unsecured,  if 
the  property  attached  has  been  disposed  of,  pending  the  appeal. 

Section  676.     A  new  section  to  be  added  to  read  as  follows: 
Recording  judgment  decreeing  conveyance  equivalent  to  conveyance. 

Sec.  676.  Whenever  a  judgment  of  a  court  decrees  that  a  conveyance 
of  real  property  be  made  by  any  person,  such  judgment,  when  it  becomes 
final,  shall  operate  as  a  deed  to  convey  the  property  therein  decreed  to 
be  conveyed,  without  any  conveyance  being  executed  by  such  person. 
A  certified  copy  of  such  judgment,  when  recorded  in  the  office  of  the 
County  Recorder  of  the  county  where  the  land  is  situated,  shall  stand 
in  the  place  of  a  deed. 

Section  691.     To  be  amended  to  read  as  follows: 

Sec.  691.  The  Sheriff  must  execute  the  writ  against  the  property 
of  the  judgment  debtor,  by  levying  on  a  sufficient  amount  of  property, 
if  there  be  sufficient;  collecting  or  selling  the  things  in  action,  includ- 
ing judgments  in  favor  of  or  owned  by  the  judgment  debtor,  and  selling 
the  other  property,  and  paying  to  the  plaintiff,  or  his  attorney,  so  much 
of  the  proceeds  as  will  satisfy  the  judgment.  Any  excess  in  the  pro- 
ceeds over  the  judgment  and  accruing  costs,  must  be  returned  to  the 
judgment  debtor,  unless  otherwise  directed  by  the  judgment  or  order  of 
the  court.  When  there  is  more  property  of  the  judgment  debtor  than 
is  sufficient  to  satisfy  the  judgment  and  accruing  costs  within  the  view 
of  the  Sheriff,  he  must  levy  only  on  such  part  of  the  property  as  the 
judgment  debtor  may  indicate,  if  the  property  indicated  be  amply  suffi- 
cient to  satisfy  the  judgment  and  costs. 

Section  699.     To  be  amended  to  read  as  follows: 
Sec.  699.     When  the  purchaser  of  any  personal  property  not  capable 
of   manual   delivery,  or  of  the  interest  of   a  partner  in  partnership 


118  PROPOSED   AMENDMENTS   TO   THE 

property,  pays  the  purchase  money,  the  officer  making  the  sale  must 
execute  and  deliver  to  the  purchaser  a  certificate  of  sale.  Such  certifi- 
cate conveys  to  the  purchaser  all  the  right  which  the  debtor  had  in  such 
property  on  the  day  the  execution  or  attachment  was  levied. 

Note.— This  amendment,  taken  in  connection  with  that  proposed  to  Section  542, 
provides  for  the  sale  on  execution  of  a  partner's  interest,  without  interfering  with 
the  possession  of  the  property  by  the  partnership. 

Section  730.  A  new  section  to.  be  added  to  Chapter  I,  Title  X,  Part 
II,  to  read  as  follows: 

Regulating  attorney's  fees  in  foreclosure  cases. 

Sec.  730.  In  all  cases  of  foreclosure  of  a  mortgage,  the  attorney's  fee 
shall  be  fixed  by  the  court  in  which  the  proceeding  of  foreclosure  is  had, 
any  stipulation  in  said  mortgage  to  the  contrary,  notwithstanding. 

Note.— The  proposed  new  section  contains  the  provisions  of  the  Act  of  March 
27,  1874.    (Stats.  1873-74,  p.  707.) 

Section  811.     A  new  section  to  be  added  to  read  as  follows: 
Involuntary  dissolution  of  corporation. 

Sec.  811.  A  corporation  may  be  dissolved,  at  the  suit  of  the  Attorney- 
General  on  behalf  of  the  State,  for  violation  of  any  law  of  the  State 
under  which  it  was  created,  or  for  the  non-performance  of  obligations 
assumed  by  it  in  favor  of  the  State. 

Note.— This  section  provides  for  the  involuntary  dissolution  of  corporations,  as 
indicated  in  Section  399  of  the  Civil  Code. 

Section  849.     To  be  amended  to  read  as  follows: 

Sec.  849.  The  summons  may  be  served  by  any  Sheriff  or  Constable 
of  this  State,  or  by  any  male  resident,  over  the  age  of  eighteen  years 
not  a  party  to  the  suit.  And  must  be  served  and  returned  as  provided 
in  title  five,  part  two,  of  this  Code.  Or  it  may  be  served  by  publica- 
tion, and  sections  four  hundred  and  twelve  and  four  hundred  and  thir- 
teen, so  far  as  they  relate  to  the  publication  Of  summons,  are  made 
applicable  to  justices'  courts,  the  word  "justice"  being  substituted  for 
the  word  "judge  "  wherever  the  latter  word  occurs. 

Note. — The  amendment  eliminates  the  useless  provision  of  the  section  requir- 
ing the  County  Clerk's  certificate  upon  a  summons  to  be  served  outside  of  the 
county  in  which  it  is  issued,  and  also  allows  the  summons  in  such  a  case  to  be 
served  by  a  male  resident  of  the  State  over  the  age  of  eighteen  years. 

Section  868.     To  be  amended  to  read  as  follows: 

Sec.  868.  The  writ  may  be  directed  to  any  Sheriff  or  Constable  in  the 
State  of  California,  and  must  require  him  to  attach  and  safely  keep  all 
the  property  of  the  defendant  within  his  county,  not  exempt  from  execu- 
tion, or  so  much  thereof  as  may  be  sufficient  to  satisfy  the  plaintiff's 
demand,  the  amount  of  which  must  be  stated  in  conformity  with  the 


CODE   OP   CIVIL    PROCEDURE.  119 

complaint,  unless  the  defendant  give  him  security,  by  the  undertaking 
of  two  sufficient  sureties,  in  an  amount  sufficient  to  satisfy  such  demand, 
besides  costs;  in  which  case,  to  take  such  undertaking. 

Note.— The  amendment  allows  a  writ  of  attachment  to  be  executed  by  Con- 
stables outside  of  the  county  where  the  justice  resides. 

Section  939.     To  be  amended  to  read  as  follows: 
Sec.  939.     An  appeal  may  be  taken: 

1.  From  a  final  judgment  in  an  action  or  special  proceeding  com- 
menced in  the  court  in  which  the  same  is  rendered,  within  six  months 
after  the  entry  of  judgment.  But  an  exception  to  the  decision  or  verdict, 
on  the  ground  that  it  is  not  supported  by  the  evidence,  cannot  be  reviewed 
on  an  appeal  from  the  judgment,  unless  the  appeal  is  taken  within  sixty 
days  after  the  rendition  of  the  judgment; 

2.  From  a  judgment  rendered  on  an  appeal  from  an  inferior  court, 
within  ninety  days  after  the  entry  of  such  judgment; 

3.  From  an  order  granting  or  refusing  a  new  trial;  from  an  order 
granting  or  dissolving  an  injunction;  from  an  order  refusing  to  grant 
or  dissolve  an  injunction;  from  an  order  appointing  a  receiver;  from  an 
order  dissolving  or  refusing  to  dissolve  an  attachment;  from  an  order 
granting  or  refusing  to  grant  a  change  of  the  place  of  trial;  from  any 
special  order  made  after  final  judgment;  from  an  interlocutory  judg- 
ment in  actions  for  partition  of  real  property;  and  from  an  order  con- 
firming, changing,  modifying,  or  setting  aside  the  report,  in  whole  or  in 
part,  of  the  referees  in  actions  for  partition  of  real  property  in  the 
cases  mentioned  in  section  seven  hundred  and  sixty-three  of  this  Code, 
within  sixty  days  after  the  order  or  interlocutory  judgment  is  made 
and  entered  in  the  minutes  of  the  court,  or  filed  with  the  clerk. 

Note. — The  amendment  allows  an  appeal  from  an  order  appointing  a  receiver, 
but  under  the  proposed  amendment  to  Section  943,  infra,  such  appeal  does  not  stay 
the  execution  of  the  order,  unless  a  bond  be  given  in  an  amount  to  be  determined 
by  the  court. 

Section  943.     To  be  amended  to  read  as  follows: 

Sec.  943.  If  the  judgment  or  order  appealed  from  direct  the  assign- 
ment or  delivery  of  documents  or  personal  property,  the  execution  of 
the  judgment  or  order  cannot  be  stayed  by  appeal,  unless  the  things 
required  to  be  assigned  or  delivered  be  placed  in  the  custody  of  such 
officer  or  receiver  as  the  court  may  appoint,  or  unless  an  undertaking 
be  entered  into  on  the  part  of  the  appellant,  with  at  least  two  sureties, 
and  in  such  amount  as  the  court,  or  a  judge  thereof,  may  direct,  to  the 
effect  that  the  appellant  will,  obey  the  order  of  the  appellate  court  upon 
the  appeal.  If  the  judgment  or  order  appealed  from  appoint  a  receiver, 
the  execution  of  the  judgment  or  order  cannot  be  stayed  by  appeal, 
unless  a  written  undertaking  be  executed  on  the  part  of  the  appellant, 


120  PROPOSED   AMENDMENTS   TO    THE 

with  two  or  more  sureties,  to  the  effect  that  if  such  judgment  or  order  be 
affirmed  or  the  appeal  dismissed,  the  appellant  will  pay  all  damages 
which  the  respondent  may  sustain  by  reason  of  such  stay,  not  exceeding 
an  amount  to  be  fixed  by  the  judge  of  the  court  by  which  the  judgment 
was  rendered  or  order  made,  which  amount  must  be  specified  in  the 
undertaking.  If  the  judgment  or  order  appealed  from  direct  the  sale 
of  personal  property  upon  the  foreclosure  of  a  mortgage  thereon,  the 
execution  of  the  judgment  or  order  cannot  be  stayed  on  appeal,  unless 
an  undertaking  be  entered  into  on  the  part  of  the  appellant,  with  at 
least  two  sureties,  in  such  amount  as  the  court,  or  the  judge  thereof,  may 
direct,  to  the  effect  that  the  appellant  will,  on  demand,  deliver  the  mort- 
gaged property  to  the  proper  officer  if  the  judgment  be  affirmed,  or  in 
default  of  such  delivery,  that  the  appellant  and  sureties  will,  on  demand, 
pay  to  the  proper  officer  the  full  value  of  such  property  at  the  date  of 
the  appeal.  * 

Section  963.     To  be  amended  to  read  as  follows: 
Sec.  963.     An  appeal  may  be  taken  to  the  Supreme  Court,  from  a 
Superior  Court,  in  the  following  cases: 

1.  From  a  final  judgment  entered  in  an  action  or  special  proceeding 
commenced  in  a  Superior  Court,  or  brought  into  a  Superior  Court  from 
another  court; 

2.  From  an  order  granting  or  refusing  a  new  trial,  or  granting*  or 
dissolving  an  injunction,  or  refusing  to  grant  or  dissolve  an  injunction, 
or  appointing  a  receiver,  or  dissolving  or  refusing  to  dissolve  an  attach- 
ment, or  changing  or  refusing  to  change  the  place  of  trial,  from  any 
special  order  made  after  final  judgment,  and  from  such  interlocutory 
judgment  in  actions  for  partition  as  determines  the  rights  and  interests 
of  the  respective  parties,  and  directs  partition  to  be  made; 

3.  From  a  judgment  or  order  granting  or  refusing  to  grant,  revoking 
or  refusing  to  revoke,  letters  testamentary,  or  of  administration,  or  of 
guardianship;  or  admitting  or  refusing  to  admit  a  will  to  probate,  or 
against  or  in  favor  of  the  validity  of  a  will,  or  revoking  the  probate 
thereof;  or  against  or  in  favor  of  setting  apart  property,  or  making  an 
allowance  for  a  widow  or  child;  or  against  or  in  favor  of  directing  the 
partition,  sale,  or  conveyance  of  real  property,  or  settling  an  account  of 
an  executor,  administrator,  or  guardian ;  or  refusing,  allowing,  or  direct- 
ing the  distribution  or  partition  of  an  estate,  or  any  part  thereof,  or  the 
payment  of  a  debt,  claim,  or  legacy,  or  distributive  share;  or  confirming 
or  refusing  to  confirm  a  report  of  an  appraiser  or  appraisers  setting  apart 
a  homestead. 

Section  977.     To  be  amended  to  read  as  follows: 
Sec.  977.     Upon  receiving  the  notice  of  appeal,  and  on  payment  of 
the  fees  of  the  justice  or  judge,  payable  on  appeal  and  not  included  in 


CODE    OF   CIVIL    PROCEDURE.  121 

the  judgment,  and  filing  an  undertaking  as  required  in  the  next  section, 
and  after  settlement  or  adoption  of  statement,  if  any,  the  justice  or 
judge  must,  within  five  days,  transmit  to  the  clerk  of  the  Superior 
Court,  if  the  appeal  be  on  questions  of  law  alone,  a  certified  copy  of  his 
docket,  the  statement  as  admitted  or  as  settled,  the  notice  of  appeal, 
and  the  undertaking  filed;  or,  if  the  appeal  be  on  questions  of  fact,  or 
both  law  and  fact,  a  certified  copy  of  his  docket,  the  pleadings,  all 
notices,  motions,  and  all  other  papers  filed  in  the  cause,  the  notice  of 
appeal,  and  the  undertaking  filed;  and  the  justice  or  judge  may  be 
compelled  by  the  Superior  Court,  by  an  order  entered  upon  motion,  to 
transmit  such  papers,  and  may  be  fined  for  neglect  or  refusal  to  transmit 
the  same.  A  certified  copy  of  such  order  may  be  served  on  the  justice 
or  judge  by  the  party  or  his  attorney.  In  the  Superior  Court,  either 
party  may  have  the  benefit  of  all  legal  objections  made  in  the  Justice's 
or  Police  Court. 

Note.— The  amendment  will. relieve  the  applicant  of  the  necessity  of  paying  all 
the  costs  of  the  action,  as  a  prerequisite  to  the  hearing  of  his  appeal,  including 
those  already  charged  against  him  in  the  judgment,  as  decided  in  the  case  of 
Webster  vs.  Hanna,  102  Cal.  177. 

Section  978.     To  be  amended  to  read  as  follows: 

Sec.  978.  An  appeal  from  a  Justice's  or  Police  Court  is  not  effectual 
for  any  purpose  unless  an  undertaking  be  filed,  with  two  or  more  sureties, 
in  the  sum  of  one  hundred  dollars,  for  the  payment  of  the  costs  on  the 
appeal,  or  the  undertaking  be  waived  in  writing  by  the  adverse  party; 
or,  if  a  stay  of  proceedings  be  claimed,  in  a  sum  equal  to  twice  the 
amount  of  the  judgment,  including  costs,  when  the  judgment  is  for  the 
payment  of  money;  or  twice  the  value  of  the  property,  including  costs, 
when  the  judgment  is  for  the  recovery  of  specific  personal  property,  and 
must  be  conditioned,  when  the  action  is  for  the  recovery  of  money,  that 
the  appellant  will  pay  the  amount  of  the  judgment  appealed  from>  and 
all  costs,  if  the  appeal  be  withdrawn  or  dismissed,  or  the  amount  of  any 
judgment  and  all  costs  that  may  be  recovered  against  him  in  the  action 
in  the  Superior  Court.  When  the  action  is  for  the  recovery  of,  or  to 
enforce  or  foreclose  a  lien  on,  specific  personal  property,  the  undertaking 
must  be  conditioned  that  the  appellant  will  pay  the  judgment  and  costs 
appealed  from,  and  obey  the  order  of  the  court  made  therein,  if  the 
appeal  be  withdrawn  or  dismissed,  or  any  judgment  and  costs  that  may 
be  recovered  against  him  in  said  action  in  the  Superior  Court,  and  will 
obey  any  order  made  by  the  court  therein.  When  the  judgment 
appealed  from  directs  the  delivery  of  the  possession  of  real  property,  the 
execution  of  the  same  cannot  be  stayed  unless  a  written  undertaking  be 
executed  on  the  part  of  the  appellant,  with  two  or  more  sureties,  to  the 
effect  that  during  the  possession  of  such  property  by  the  appellant  he 
will  not  commit  or  suffer  to  be  committed  any  waste  thereon,  and  that 


122  PROPOSED   AMENDMENTS   TO   THE 

if  the  appeal  be  dismissed  or  withdrawn,  or  the  judgment  affirmed,  or 
judgment  be  recovered  against  him  in  the  action  in  the  Superior  Court, 
he  will  pay  the  value  of  the  use  and  occupation  of  the  property  from  the 
time  of  the  appeal  until  the  delivery  of  possession  thereof;  or  that  he 
will  pay  any  judgment  and  costs  that  may  be  recovered  against  him  in 
said  action  in  the  Superior  Court,  not  exceeding  a  sum  to  be  fixed  by  the 
justice  of  the  court  from  which  the  appeal  is  taken,  and  which  sum  must 
be  specified  in  the  undertaking.  A  deposit  of  the  amount  of  the  judg- 
ment, including  all  costs  appealed  from,  or  of  the  value  of  the  property, 
including  all  costs  in  actions  for  the  recovery  of  specific  personal 
property,  with  the  justice  or  judge,  is  equivalent  to  the  filing  of  the 
undertaking,  and  in  such  cases  the  justice  or  judge  must  transmit  the 
money  to  the  clerk  of  the  Superior  Court,  to  be  by  him  paid  out  on  the 
order  of  the  court.  The  adverse  party  may  except  to  the  sufficiency  of 
the  sureties  within  five  days  after  the  filing  of  the  undertaking,  and 
unless  they  or  other  sureties  justify  before  the  justice  or  judge,  or  the 
County  Clerk  of  the  county  in  which  such  justice  or  judge  resides,  within 
five  days  thereafter,  upon  notice  to  the  adverse  party,  to  the  amount 
stated  in  their  affidavits,  the  appeal  must  be  regarded  as  if  no  such 
undertaking  had  been  given,  and  execution  may  thereafter  be  issued  on 
the  judgment. 

Note. — The  amendment  allows  the  justification  of  sureties  upon  the  appeal 
bonds  mentioned  in  the  section  to  be  made  before  the  County  Clerk,  and  provides 
that  unless  they  so  justify,  execution  shall  be  issued  on  the  judgment.  It  also  pro- 
vides that  the  undertaking  may  be  waived,  by  the  adverse  party,  in  writing. 

Section  980.     To  be  amended  to  read  as  follows: 

Sec.  980.  Upon  an  appeal  heard  upon  a  statement  of  the  case,  the 
Superior  Court  may  review  all  orders  affecting  the  judgment  appealed 
from,  and  may  set  aside,  or  confirm,  or  modify  any  or  all  of  the  proceed- 
ings subsequent  to  and  dependent  upon  such  judgment,  and  may,  if 
necessary  or  proper,  order  a  new  trial.  When  the  action  is  tried  anew, 
on  appeal,  the  trial  must  be  conducted  in  all  respects  as  other  trials  in 
the  Superior  Court,  but  unless  a  judgment  is  rendered  more  favorable 
to  appellant  than  in  the  court  below,  the  appellant  must  pay  all  costs 
of  the  trial  in  the  Superior  Court.  The  provisions  of  this  Code  as  to 
changing  the  place  of  trial,  and  all  the  provisions  as  to  trials  in  the 
Superior  Court,  are  applicable  to  trials  on  appeal  in  the  Superior  Court. 
For  a  failure  to  prosecute  an  appeal,  or  unnecessary  delay  in  bringing 
it  to  a  hearing,  the  Superior  Court,  after  notice,  may  order  the  appeal 
to  be  dismissed,  with  costs;  and  if  it  appear  to  such  court  that  the 
appeal  was  made  solely  for  delay,  it  may  add  to  the  costs  such  damages 
as  may  be  just,  not  exceeding  twenty-five  per  cent  of  the  judgment 
appealed  from.     Judgments  rendered  in  the  Superior  Court  on  appeal 


CODE   OF   CIVIL    PROCEDURE.  123 

shall  have  the  same  force  and  effect  and  may  be  enforced  in  the  same 
manner  as  judgments  in  actions  commenced  in  the  Superior  Court. 

Note. — The  amendment  puts  the  costs  in  the  Superior  Court  upon  the  appellant, 
unless  the  judgment  therein  rendered  is  more  favorable  to  him  than  that 
appealed  from. 

Section  1015.     To  be  amended  to  read  as  follows: 

Sec.  1015.  When  a  plaintiff  or  a  defendant,  who  has  appeared,  resides 
out  of  the  State,  and  has  no  attorney  in  the  action  or  proceeding,  or 
when  a  party  has  been  served  with  summons  and  his  default  for  not 
answering  has  been  entered,  the  service  may  be  made  on  the  clerk  for 
him.  But  in  all  cases  where  a  party  has  an  attorney  in  the  action  or 
proceeding,  the  service  of  papers,  when  required,  must  be  upon  the 
attorney  instead  of  the  party,  except  of  subpoenas,  of  writs,  of  other 
process  issued  in  the  suit,  and  of  papers  to  bring  him  into  contempt. 

Note. — The  amendment  allows  service  of  notice  where  necessary  to  be  made 
upon  the  clerk,  after  the  entry  of  the  default  of  the  party  for  not  answering. 

Section  1040.     A  new  section  to  be  added  to  read  as  follows: 
Printing  briefs  on  appeal — Costs. 

Sec.  1040.  A  party  entitled  to  recover  his  costs  on  appeal  to  the 
Supreme  Court  shall  be  entitled  to  include  in  his  cost  bill  the  expense 
of  printing  the  points  and  authorities  on  the  argument  of  such  appeal, 
not  exceeding  fifty  dollars  in  any  one  case. 

Section  1161.     To  be  amended  to  read  as  follows: 
Sec.  1161.     A  tenant  of  real  property,  for  a  term  less  than  life,  is 
guilty  of  an  unlawful  detainer: 

1.  When  he  continues  in  possession,  in  person  or  by  a  subtenant,  of 
the  property,  or  any  part  thereof,  after  the  expiration  of  the  term  for 
which  it  is  let  to  him,  without  the  permission  of  his  landlord,  or  the 
successor  in  estate  of  his  landlord,  if  any  there  be;  but  in  the  case  of  a 
tenancy  at  will,  it  must  first  be  terminated  by  notice,  as  prescribed  in 
the  Civil  Code; 

2.  Where  he  continues  in  possession,  in  person  or  by  subtenant,  with- 
out permission  of  his  landlord,  or  the  successor  in  estate  of  his  landlord, 
if  any  there  be,  after  default  in  the  payment  of  rent,  pursuant  to  the 
lease  or  agreement  under  which  the  property  is  held,  and  three  days' 
notice,  in  writing,  requiring  its  payment,  stating  the  amount  which  is 
due,  or  possession  of  the  property,  shall  have  been  served  upon  him, 
and  if  there  be  a  subtenant  in  actual  occupation  of  the  premises,  also 
upon  such  subtenant.  Such  notice  may  be  served  at  any  time  within 
one  year  after  the  rent  becomes  due.  In  all  cases  of  tenancy  upon 
agricultural  lands,  where  the  tenant  has  held  over  and  retained  posses- 
sion for  more  than  sixty  days  after  the  expiration  of  his  term,  without 


124  PROPOSED   AMENDMENTS   TO   THE 

any  demand  of  possession  or  notice  to  quit  by  the  landlord,  or  the 
successor  in  estate  of  his  landlord,  if  any  there  be,  he  shall  be  deemed 
to  be  holding  by  permission  of  the  landlord,  or  the  successor  in  estate 
of  his  landlord,  if  any  there  be,  and  shall  be  entitled  to  hold  under  the 
terms  of  the  lease  for  another  full  year,  and  shall  not  be  deemed  guilty 
of  an  unlawful  detainer  during  said  year,  and  such  holding  over  for  the 
period  aforesaid  shall  be  taken  and  construed  as  a  consent  on  the  part 
of  a  tenant  to  hold  for  another  year; 

3.  When  he  continues  in  possession,  in  person  or  by  subtenant,  after 
a  neglect  or  failure  to  perform  other  conditions  or  covenants  of  the  lease 
or  agreement  under  which  the  property  is  held,  including  any  covenant 
not  to  assign  or  sublet,  than  the  one  for  the  payment  of  rent,  and  three 
days'  notice,  in  writing,  requiring  the  performance  of  such  conditions 
or  covenants,  or  the  possession  of  the  property,  shall  have  been  served 
upon  him,  and  if  there  be  a  subtenant  in  actual  occupation  of  the 
premises,  also  upon  such  subtenant.  Within  three  days  after  the  service 
of  the  notice,  the  tenant,  or  any  subtenant  in  actual  occupation  of  the 
premises,  or  any  mortgagee  of  the  term,  or  other  person  interested  in 
its  continuance,  may  perform  the  conditions  or  covenants  of  the  lease, 
or  pay  the  stipulated  rent,  as  the  case  may  be,  and  thereby  save  the 
lease  from  forfeiture;  provided,  if  the  covenants  and  conditions  of  the 
lease  violated  by  the  lessee  cannot  afterward  be  performed,  then  no 
notice,  as  last  prescribed  herein,  need  be  given  to  said  lessee  or  his  sub- 
tenant demanding  the  performance  of  the  violated  covenants  or  condi- 
tions of  the  lease.  A  tenant  may  take  proceedings,  similar  to  those 
prescribed  in  this  chapter,  to  obtain  possession  of  the  premises  let  to  an 
undertenant,  in  case  of  his  unlawful  detention  of  the  premises  underlet 
to  him; 

4.  Any  tenant  or  subtenant  assigning  or  subletting  or  committing 
waste  upon  the  demised  premises,  contrary  to  the  covenants  of  his  lease, 
thereby  terminates  the  lease,  and  the  landlord,  or  his  successor  in  estate, 
shall,  upon  service  of  three  days'  notice  to  quit,  upon  the  person  or 
persons  in  possession,  be  entitled  to  restitution  of  possession  of  such 
demised  premises  under  the  provisions  of  this  section. 

Note.— There  are  two  sections  numbered  1161,  approved  on  the  same  day,  and 
the  effect  of  the  amendment  will  be  to  repeal  them,  and  substitute  a  more  com- 
prehensive one. 

Section  1166.     To  be  amended  to  read  as  follows: 

Sec.  1166.  The  plaintiff,  in  his  complaint,  which  shall  be  in  writing, 
must  set  forth  the  facts  on  which  he  seeks  to  recover,  and  describe  the 
premises  with  reasonable  certainty,  and  may  set  forth  therein  any 
circumstances  of  fraud,  force,  or  violence,  which  may  have  accompanied 
the  alleged  forcible  entry,  or  forcible  or  unlawful  detainer,  and  claim 


CODE    OF   CIVIL    PROCEDURE.  125 

damages  therefor.  In  case  the  unlawful  detainer  charged  be  after 
default  in  the  payment  of  rent,  the  complaint  must  state  the  amount  of 
such  rent.  Upon  filing  the  complaint,  a  summons  must  be  issued 
thereon  as  in  other  cases,  returnable  at  a  day  designated  therein,  which 
shall  not  be  less  than  three,  nor  more  than  five,  days  from  its  date, 
except  in  cases  where  the  publication  of  the  summons  is  necessary,  in 
which  case  the  court,  or  a  judge  or  justice  thereof,  may  order  that  the 
summons  be  made  returnable  at  such  time  as  may  be  deemed  proper, 
and  the  summons  shall  specify  the  return  day  so  fixed. 

Note.— The  amendment  makes  the  return  day  not  less  than  three  nor  more  than 
five  days,  instead  of  not  less  than  three  nor  more  than  twelve  days,  as  at  present. 

Section  1170.  To  be  amended  to  read  as  follows: 
Sec.  1170.  On  or  before  the  day  fixed  for  his  appearance,  the  defend- 
ant may  appear  and  answer.  He  may  file  a  demurrer  at  the  same  time 
with  his  answer,  but  not  otherwise,  and  the  demurrer  shall  be  disposed 
of  by  the  court  or  justice  at  the  trial  of  the  action.  If  the  demurrer  is 
sustained,  an  immediate  amendment  of  the  pleadings  shall  be  allowed. 
When  issue  of  fact  is  joined  and  the  case  is  in  a  condition  to  proceed 
with  the  trial  thereof,  such  trial  shall  be  had  forthwith,  if  the  business 
of  the  court  or  justice  will  conveniently  permit,  or  at  as  early  a  time  as 
may  be  consistent  with  the  rights  of  the  parties.  If  a  speedy  trial  will 
be  facilitated  by  the  transfer  of  the  case  to  another  judge  or  justice  of 
the  court,  an  order  may  be  made  transferring  such  case  for  trial  accord- 
ingly- 

Note.— The  amendment  is  designed  to  expedite  the  trial  of  these  cases  by  pro- 
viding that  a  demurrer  shall  only  be  filed  at  the  same  time  with  the  answer,  and 
disposed  of  at  the  trial ;  for  an  amendment  of  pleadings  forthwith,  if  necessary  ; 
for  the  immediate  trial,  if  convenient  to  the  court,  and  for  the  transfer  of  the  case, 
if,  thereby,  an  earlier  trial  can  be  had. 

Section  1209.     To  be  amended  to  read  as  follows: 

Sec.  1209.  The  following  acts  or  omissions  in  respect  to  a  court  of 
justice,  or  proceedings  therein,  are  contempts  of  the  authority  of  the 
court: 

1.  Disorderly,  contemptuous,  or  insolent  behavior  toward  the  judge 
while  holding  the  court,  tending  to  interrupt  the  due  course  of  a  trial  or 
other  judicial  proceeding; 

2.  A  breach  of  the  peace,  boisterous  conduct,  or  violent  disturbance, 
tending  to  interrupt  the  due  course  of  a  trial  or  other  judicial  proceed- 
ing; 

3.  Misbehavior  in  office,  or  other  willful  neglect  or  violation  of  duty, 
by  an  attorney,  counsel,  clerk,  sheriff,  coroner,  or  other  person  appointed 
or  elected  to  perform  a  judicial  or  ministerial  service; 


126  PROPOSED   AMENDMENTS    TO   THE 

4.  Deceit  or  abuse  of  the  process  or  proceedings  of  the  court  by  a 
party  to  an  action  or  special  proceeding; 

5.  Disobedience  of  any  lawful  judgment,  order,  or  process  of  court; 

6.  Assuming  to  be  an  officer,  attorney,  counsel  of  a  court,  and  acting 
as  such,  without  authority; 

7.  Rescuing  any  person  or  property  in  the  custody  of  an  officer  by 
virtue  of  an  order  or  process  of  such  court; 

8.  Unlawfully  detaining  a  witness,  or  party  to  an  action,  while  going 
to,  remaining  at,  or  returning  from,  the  court  where  the  action  is  on  the 
calendar  for  trial; 

9.  Any  other  unlawful  interference  with  the  process  or  proceedings  of 
a  court; 

10.  Disobedience  of  a  subpoena,  duly  served,  or  refusing  to  be  sworn 
or  answer  as  a  witness  before  a  court  or  any  officer  authorized  to  issue  a 
subpoena,  administer  oaths,  and  take  testimony; 

11.  When  summoned  as  a  juror  in  a  court,  neglecting  to  attend  or 
serve  as  such,  or  improperly  conversing  with  a  party  to  an  action  to  be 
tried  at  such  court,  or  with  any  other  person,  in  relation  to  the  merits 
of  such  action,  or  receiving  a  communication  from  a  party  or  other 
person  in  respect  to  it,  without  immediately  disclosing  the  same  to  the 
court; 

12.  Disobedience,  by  an  inferior  tribunal,  magistrate,  or  officer,  of 
the  lawful  judgment,  order,  or  process  of  a  Superior  Court,  or  proceed- 
ing in  an  action  or  special  proceeding  contrary  to  law,  after  such  action 
or  special  proceeding  is  removed  from  the  jurisdiction  of  such  inferior 
tribunal,  magistrate,  or  officer.  Disobedience  of  the  lawful  orders  or 
process  of  a  judicial  officer  is  also  a  contempt  of  the  authority  of  such 
officer.  But  no  speech  or  publication  reflecting  upon,  or  concerning  any 
court,  or  any  officer  thereof,  shall  be  treated  or  punished  as  a  contempt 
of  such  court,  unless  made  in  the  immediate  presence  of  such  court 
while  in  session,  and  in  such  a  manner  as  to  actually  interfere  with  its 
proceedings. 

Note.— The  amendment  is  to  Subdivision  10  of  the  section,  and  is  designed,  with 
the  amendment  proposed  to  Section  1991,  to  enable  the  court  to  punish  as  a 
contempt  the  non-appearance  or  refusal  of  a  witness  to  testify  before  a  notary 
public  in  a  proper  case. 

.    Section  1234.     A  new  section  to  be  added  to  read  as  follows: 
Disposition  of  unclaimed  deposit  or  dividend. 

Sec.  1234.  If  the  applicant  be  a  savings  and  loan  association,  or 
engaged  in  the  business  of  receiving  money  on.  deposit,  and  there  be 
any  unclaimed  deposit  or  dividend  in  its  hands  belonging  to  a  person 
whose  whereabouts  is  unknown  to  the  trustees,  directors,  or  other 
officers  presenting  the  application,  the  application  shall  set  forth  the 


CODE   OP   CIVIL    PROCEDURE.  127 

name  of  the  person  making  such  deposit  or  entitled  to  such  dividend, 
the  time  when  such  deposit  was  made  or  dividend  declared,  the  resi- 
dence, if  known,  of  such  person  at  the  time  of  such  deposit,  the  amount 
of  such  deposit  or  dividend,  and  the  fact  that  the  whereabouts  of  such 
person  is  unknown.  The  same  facts  shall  be  stated  in  the  notice  of 
the  application  given  by  the  clerk.  If,  at  any  time  before  the  expira- 
tion of  the  time  of  publication,  any  person  shall  file  a  claim  to  such 
deposit  or  dividend,  the  court  shall,  at  the  hearing  and  upon  five  days' 
notice  to  him,  hear  and  determine  his  claim,  and,  if  such  claim  be 
established,  order  such  money  to  be  paid  to  him.  All  such  deposits  or 
dividends  not  so  claimed,  or  as  to  which  no  claim  shall  be  established, 
shall,  upon  order  of  the  court,  be  paid  into  the  state  treasury,  accom- 
panied with  a  copy  of  the  order,  which  shall  set  forth  the  facts  herein- 
before in  this  section  required  to  be  stated  concerning  such  deposits  or 
dividends;  and,  upon  production  of  the  State  Treasurer's  receipt  for 
such  payment,  the  court  may  proceed  to  declare  the  corporation  dis- 
solved as  in  other  cases.  All  unclaimed  deposits  and  dividends  so  paid 
into  the  state  treasury  shall  be  received,  invested,  accounted  for.  and 
paid  out,  in  the  same  manner  and  by  the  same  officers  as  is  provided 
by  law  in  the  case  of  escheated  estates  and  in  section  twelve  hundred 
and  seventy-two  of  this  Code. 

Section  1278.     To  be  amended  to  read  as  follows: 

Sec.  1278.  Such  application  must  be  heard  at  such  time  as  the  court 
may  appoint,  and  objections  may  be  filed  by  any  person  who  can,  in 
such  objections,  show  to  the  court  good  reason  against  such  change  of 
name.  On  the  hearing,  the  court  may  examine  on  oath  any  of  the 
petitioners,  remonstrants,  or  other  persons,  touching  the  application, 
and  may  make  such  order  changing  the  name  or  dismissing  the  applica- 
tion, as  to  the  court  may  feeem  right  and  proper.  A  certified  copy  of 
any  order  changing  the  name  of  a  corporation  shall  be  filed  with  the 
Secretary  of  State,  and  such  order  shall  have  no  effect  until  such  certi- 
fied copy  thereof  is  filed  with  the  Secretary  of  State. 

Section  1324.     To  be  amended  to  read  as  follows: 

Sec.  1324.  If,  on  the  hearing,  it  appears  upon  the  face  of  the  record 
that  the  will  has  been  proved,  allowed,  and  admitted  to  probate  in  any 
other  of  the  United  States,  or  in  any  foreign  country,  and  that  it  was 
executed  in  conformity  with  the  laws  of  this  State,  it  must  be  admitted 
to  probate,  and  have  the  same  force  and  effect  as  a  will  first  admitted 
to  probate  in  this  State,  and  letters  testamentary  or  of  administration 
issued  thereon. 

Note.— The  amendment  harmonizes  this  section  with  Sections  1276  and  1285  of 
the  Civil  Code,  which  provide  that  a  will  made  out  of  the  State  is  not  valid  unless 
executed  according  to  the  provisions  of  that  Code. 


128  PROPOSED   AMENDMENTS    TO   THE 

Section  1369.     To  be  amended  to  read  as  follows: 
Sec.  1369.     No  person  is  competent,  or  shall  be  appointed,  to  serve  as 
administrator  or  administratrix  who  is: 

1.  Under  the  age  of  majority; 

2.  Not  a  bona  fide  resident  of  the  State; 

3.  Convicted  of  an  infamous  crime; 

4.  Adjudged  by  the  court  incompetent  to  execute  the  duties  of  the 

trust  by  reason  of  drunkenness,  improvidence,  or  want  of  understanding 

or  integrity. 

Note.— The  amendment  adds  the  words  "shall  he  appointed"  to  the  section, 
instead  of  the  word  "  entitled." 

Section  1379.     To  be  amended  to  read  as  follows: 

Sec.  1379.  Administration  may  be  granted  to  one  or  more  competent 
persons,  at  the  written  request  of  the  person  entitled,  filed  in  the  court. 
The  force  and  effect  of  such  request  shall  not  be  affected  by  the  fact 
that  the  person  entitled  may  be  a  non-resident  of  the  State.  When  the 
person  entitled  is  a  non-resident  of  the  State,  affidavits  taken  ex  parte 
before  any  officer  authorized  by  the  laws  of  this  State  to  take  acknowl- 
edgments and  administer  oaths  out  of  this  State,  may  be  received  as 
prima  facie  evidence  of  the  identity  of  the  party,  if  free  from  suspicion, 
and  the  fact  is  established  to  the  satisfaction  of  the  court. 

Note.— The  proposed  amendment  will  allow  a  non-resident  person  who  would 
be  entitled  to  administer  if  a  bona  fide  resident  of  the  State,  to  nominate  a  com- 
petent person  for  appointment  as  administrator,  with  like  effect  as  if  he  were  such 
resident.  . 

Section  1465.     To  be  amended  to  read  as  follows: 

Sec.  1465.  Upon  the  return  of  the  inventory,  or  at  any  subsequent 
time  during  the  administration,  the  court  may,  on  its  own  motion,  or 
on  petition  therefor,  set  apart,  for  the  use  o*f  the  surviving  husband  or 
wife,  or  in  case  of  his  or  her  death,  to  the  minor  children  of  the  dece- 
dent, all  the  property  exempt  from  execution,  including  the  homestead 
selected,  designated,  and  recorded.  If  none  has  been  selected,  desig- 
nated, and  recorded,  the  court  must  select,  designate,  and  set  apart, 
and  cause  to  be  recorded,  a  homestead  for  the  use  of  the  surviving  hus- 
band or  wife  and  the  minor  children,  or  if  there  be  no  surviving  husband 
or  wife,  then  for  the  use  of  the  minor  children,  in  the  manner  provided 
in  article  two  of  this  chapter,  out  of  the  common  property;  or  if  there 
be  no  common  property,  then  out  of  the  real  estate  belonging  to  the 
decedent. 

Note.— This  amendment  will  make  the  section  conform,  when  taken  in  connec- 
tion with  Section  1468  of  this  Code,  to  Section  1265  of  the  Civil  Code,  allowing  the 
homestead  in  all  cases  to  be  set  apart  to  the  use  of  the  widow  or  minor  children 
absolutely,  if  of  community  property ;  otherwise,  for  a  limited  period. 


CODE    OF   CIVIL   PROCEDURE.  129 

Section  1468.     To  be  amended  to  read  as  follows: 

Sec.  1468.  When  property  is  set  apart  to  the  use  of  the  family,  in 
accordance  with  the  provisions  of  this  chapter,  if  the  decedent  left  a 
wTidow  or  surviving  husband  and  no  minor  child,  such  property  is  the 
property  of  the  widow  or  surviving  husband.  If  the  decedent  left 
also  a  minor  child  or  children,  the  one  half  of  such  property  shall 
belong  to  the  widow  or  surviving  husband,  and  the  remainder  to  the 
child,  or  in  equal  shares  to  the  children  if  there  be  more  than  one;  in 
which  cases  the  property  shall  constitute  a  homestead  of  five  thousand 
dollars  if  the  surviving  husband  or  wife  is  the  head  of  a  family,  as 
defined  in  the  Civil  Code;  otherwise,  of  one  thousand  dollars.  If  there 
be  no  widow  or  surviving  husband,  the  whole  belongs  to  the  minor 
child  or  children  in  equal  shares.  If  the  property  set  apart  be  a  home- 
stead, selected  from  the  separate  property  of  the  deceased,  either  in  his 
lifetime,  or  by  the  court  after  his  death,  the  court  can  only  set  it  apart 
for  a  limited  period,  to  be  designated  in  the  order,  and  the  title  vests  in 
his  heirs  or  devisees  subject  to  such  order. 

Section  1474.     To  be  amended  to  read  as  follows: 

Sec.  1474.  If  the  homestead  selected  by  the  husband  and  wife,  or 
either  of  them,  during  their  coverture,  and  recorded  while  both  were 
living,  was  selected  from  the  community  property,  it  vests,  upon  the 
death  of  the  husband  or  wife,  absolutely  in  the  survivor.  If  the  home- 
stead was  selected  from  the  separate  property  of  either  the  husband  or 
the  wife,  it  vests,  on  the  death  of  the  person  from  whose  property  it  was 
selected,  in  his  or  her  heirs  or  devisees,  subject  to  the  power  of  the 
Superior  Court  to  assign  it  for  a  limited  period  to  the  family  of  the 
decedent.  In  any  case,  it  is  not  subject  to  the  payment  of  any  debt  or 
liability  contracted  by  or  existing  against  the  husband  and  wife,  or 
either  of  them,  previous  to  or  at  the  time  of  the  death  of  such  husband 
or  wife,  except  as  provided  in  the  Civil  Code. 

Section  1475.     To  be  amended  to  read  as  follows: 
Sec.  1475.     If  the  homestead  selected  and  recorded  prior  to  the  death 
of  the  decedent  be  returned  in  the  inventory  appraised  at  not  exceeding 
five  thousand  dollars  in  value,  or  was  previously  appraised  as  provided 
\  in  the  Civil  Code,  and  such  appraised  value  did  not  exceed  that  sum, 
I  the  Superior  Court  must,  by  order,  set  it  off  to  the  persons  in  whom 
title  is  vested  by  the  preceding  section.      If  there  be  subsisting  liens  or 
•  incumbrances  on  the  homestead,  the  claims  secured  thereby  may  be  pre- 
sented and  allowed  as  other  claims  against  the  estate;  and  must  be  so 
presented  if   demand  be  made  therefor  as  hereinafter  provided;   if  the 
funds  of  the  estate  be  adequate  to  pay  all  claims  against  the  estate, 
the  claims  so  secured  must  be  paid  out  of  such  funds.     If  the  funds  of 
9— c 


130  PROPOSED   AMENDMENTS   TO    THE 

the  estate  be  not  sufficient  for  that  purpose,  the  claims  so  secured  shall 
be  paid  proportionately  with  other  claims  allowed,  and  the  liens  or 
incumbrances  on  the  homestead  shall  only  be  enforced  against  the 
homestead  for  any  deficiency  remaining  after  such  payment.  Any  per- 
son interested  in  the  homestead  may  demand  that  the  claims  secured  by 
lien  or  incumbrance  thereon,  be  presented  for  allowance  as  other  claims 
against  the  estate.  Such  demand  must  be  in  writing,  and  be  delivered 
to  the  holder  of  said  claim  personally,  or  be  inclosed  in  an  envelope 
addressed  to  him  at  his  place  of  residence  or  business,  and  deposited  in 
the  United  States  post  office,  with  the  postage  thereon  prepaid,  at  least 
thirty  days  before  the  expiration  of  the  time  specified  in  the  published 
notice  to  creditors  within  which  to  present  claims  against  the  estate.  A 
copy  of  said  published  notice  must  be  delivered  or  mailed  with  said 
demand.  If  demand  be  made,  as  in  this  section  provided,  and  such 
claim  be  not  presented  for  allowance,  no  action  shall  be  maintained 
thereon.  If  no  demand  be  made,  as  in  this  section  provided,  the  holder 
of  any  lien  or  incumbrance  upon  the  homestead  may  enforce  the  same 
against  the  property  subject  thereto,  as  provided  in  section  fifteen  hun- 
dred of  this  Code. 

Section  1479.     A  new  section  to  be  added  to  read  as  follows: 
Proceedings  on  confirmation  of  report. 

Sec.  1479.  If  the  report  contains  an  admeasurement  and  division  of 
the  property,  the  court  shall,  in  its  order  confirming  the  same,  set  apart 
the  portion  allotted  as  a  homestead  to  the  parties  entitled,  and  there- 
upon the  remaining  portion  of  the  premises  described  in  the  report  shall 
become  the  property  of  the  estate,  free  of  any  homestead  claim.  If  the 
report  contains  a  finding  that  the  premises  exceeded  in  value,  at  the 
time  of  their  selection,  the  sum  of  five  thousand  dollars,  and  they 
cannot  be  divided  without  material  injury,  the  court  shall,  in  its  order 
confirming  the  same,  decree  that  the  homestead  property  shall  be  sold 
for  a  sum  in  cash  not  less  than  five  thousand  dollars  and  an  amount 
equal  to  the  expenses  of  the  sale. 

Section  1480.     A  new  section  to  be  added  to  read  as  follows: 
Proceedings  under  order  of  sale. 

Sec.  1480.  Such  order  must  describe  the  lands  to  be  sold,  and  every 
such  sale  must  be  ordered  to  be  made  at  public  auction.  If  the  executor 
or  administrator  neglects  or  refuses  to  make  the  sale  under  the  order, 
and  as  directed  therein,  he  may  be  compelled  to  sell  by  order  of  the 
court,  made  on  motion  of  any  person  interested.  After  the  order  of 
sale  is  made,  all  further  proceedings  for  the  sale  of  such  property,  and 
for  the  notice,  report,  and  confirmation  thereof,  must  be  in  conformity 
with  the  provisions  of  chapter  seven,  title  eleven,  part  three  of  this 


CODE   OF   CIVIL    PROCEDURE.  131 

Code,  except  that  no  bid  for  an  amount  less  than  the  sums  mentioned 
in  the  last  preceding  section  shall  be  received. 

Section  1481.     A  new  section  to  be  added  to  read  as  follows: 
Disposition  of  proceeds  of  sale. 

Sec.  1481.  If  the  sale  is  confirmed,  the  proceeds  thereof  to  the  amount 
of  five  thousand  dollars  must  be  paid  to  the  party  or  parties  entitled  to 
the  homestead,  and  the  surplus  shall  belong  to  the  estate.  The  amount 
so  paid  to  the-party  or  parties  entitled  to  the  homestead  shall  be  exempt 
from  execution  for  six  months  thereafter. 

Section  1485.     To  be  amended  to  read  as  follows: 

Sec.  1485.  The  costs  of  all  proceedings  in  the  Superior  Court  pro- 
vided for  in  this  chapter  must  be  paid  by  the  estate  as  expenses  of 
administration. 

Section  1487.  A  new  section  to  be  added  to  Article  II,  Chapter  V, 
Title  XI,  Part  III,  to  read  as  follows: 

Sec.  1487.  In  making  any  order  setting  apart  or  assigning  property 
claimed  to  have  been  selected  and  recorded  as  a  homestead  prior  to  the 
death  of  the  decedent,  the  court  shall  ascertain  and  adjudge  the  rights 
therein  of  the  surviving  husband  or  wife,  and  of  all  persons  claiming 
under  the  decedent,  and  shall,  in  such  order,  and  in  any  order  made 
pursuant  to  this  chapter  setting  apart  or  assigning  property,  name  the 
persons  to  whom  the  same  is  set  apart  or  assigned,  and  their  respective 
estates,  or  rights  and  interests  therein.  Such  order  shall  be  conclusive 
upon  the  surviving  husband  or  wife,  and  upon  all  persons  claiming  as 
heirs,  legatees,  or  devisees  of  the  decedent,  subject  only  to  be  reversed, 
set  aside,  or  modified  upon  appeal. 

Section  1490.     To  be  amended  to  read  as  follows: 

Sec.  1490.  Upon  the  hearing  of  a  petition  for  the  probate  of  a  will 
or  for  letters  of  administration,  the  court  must,  by  examining  on  oath 
the  party  applying,  or  any  other  person,  determine  whether  the  value  of 
the  estate  exceeds  ten  thousand  dollars  or  not,  and  such  determination 
shall  be  conclusive  upon  all  persons,  including  creditors  of  the  estate,  in 
so  far  as  the  value  of  the  estate  affects  the  time  within  which  claims 
must  be  presented  against  the  estate.  Every  executor  or  administrator 
must,  immediately  after  his  appointment,  cause  to  be  published  in  some 
•newspaper  of  the  county,  if  there  be  one,  if  not,  then  in  such  news- 
paper as  may  be  designated  by  the  court,  a  notice  to  the  creditors  of  the 
decedent,  requiring  all  persons  having  claims  against  him  to  exhibit 
them,  with  the  necessary  vouchers,  to  the  executor  or  administrator,  at 
the  place  of  his  residence  or  business,  in  the  county  in  which  the  letters 


132  PROPOSED   AMENDMENTS   TO   THE 

testamentary  or  of  administration  were  granted,  to  be  specified  in  the 
notice.  Such  notice  must  be  published  as  often  as  the  judge  or  court 
shall  direct,  but  not  less  than  once  a  week  for  four  weeks.  The  court 
or  judge  may  also  direct  additional  notice  by  publication  or  posting, 
In  case  such  executor  or  administrator  resigns,  or  is  removed,  before  the 
time  expressed  in  the  notice,  his  successor  must  give  notice  only  for  the 
unexpired  time  allowed  for  such  presentation. 

Note.— The  amendment  provides  that  the  court  shall  determine  the  value  of  the 
estate,  when  letters  are  issued,  in  so  far  as  that  question  affects  the  time  within 
which  claims  must  be  presented.  It  also  requires  the  place  at  which  claims  are  to 
be  presented  to  be  in  the  county  where  the  letters  are  issued. 

Section  1491.     To  be  amended  to  read  as  follows: 

Sec.  1491.  The  time  expressed  in  the  notice  must  be  ten  months 
after  its  first  publication,  if  the  court  determines,  under  the  preceding 
section,  that  the  value  of  the  estate  exceeds  ten  thousand  dollars;  other- 
wise, the  time  expressed  in  the  notice  must  be  four  months  after  its  first 
publication. 

Note.— The  proposed  amendment  conforms  this  section  to  the  change  proposed 
to  the  preceding  section  requiring  the  court  to  determine  the  value  of  the  estate 
for  the  purpose  of  fixing  beforehand  the  time  within  which  claims  must  be 
presented. 

Section  1493.     To  be  amended  to  read  as  follows: 

Sec.  1493.  All  claims  against  the  estates  of  decedents,  whether  the 
same  be  due,  not  due,  or  contingent,  must  be  presented  within  the  time 
limited  in  the  notice,  and  any  claim  not  so  presented  is  barred  forever* 
provided,  however,  that  when  it  is  made  to  appear,  by  the  affidavit  of  the 
claimant,  to  the  satisfaction  of  the  court,  or  a  judge  thereof,  that  the 
claimant  had  no  notice  as  provided  in  this  chapter,  by  reason  of  being 
out  of  the  State,  it  may  be  presented  at  any  time  before  a  decree  of 
distribution  is  entered. 

Note.— The  amendment  requires  "  all  claims  against  an  estate  "  to  be  presented, 
which  is  desirable  in  view  of  the  proposed  new  section,  1592,  which  allows  actions 
to  be  maintained  against  the  estates  of  deceased  persons  in  all  cases  except  for 
slander  or  libel,  or  for  assault  and  battery.  The  section  as  it  now  stands  permits 
only  "claims  arising  on  contracts "  to  be  presented. 

Section  1496.     To  be  amended  to  read  as  follows: 

Sec.  1496.  When  a  claim,  accompanied  by  the  affidavit  required  in 
this  chapter,  is  presented  to  the  executor  or  administrator,  he  must 
indorse  thereon  his  allowance  or  rejection,  with  the  day  and  date  thereof. 
If  he  allow  the  claim,  it  must  be  returned  to  the  claimant,  who  must, 
within  twenty  days  thereafter,  present  it  to  a  judge  of  the  Superior 
Court  for  his  approval,  who  must  in  the  same  manner  indorse  upon  it 
his  allowance  or  rejection.  If  the  executor  or  administrator,  or  the 
judge,  refuse  or  neglect  to  indorse  such  allowance  or  rejection  for  ten 


. 


CODE    OF   CIVIL    PROCEDURE.  133 


days  after  the  claim  has  been  presented  to  him,  such  refusal  or  neglect 
may,  at  the  option  of  the  claimant,  be  deemed  equivalent  to  a  rejection 
on  the  tenth  day;  and  if  the  presentation  be  made  by  a  notary,  the 
certificate  of  such  notary,  under  seal,  shall  be  prima  facie  evidence  of 
such  presentation  and  the  date  thereof.  If  the  claim  be  presented  to 
the  executor  or  administrator  before  the  expiration  of  the  time  limited 
for  the  presentation  of  claims,  the  same  is  presented  in  time,  though 
acted  upon  by  the  executor  or  administrator  and  by  the  judge,  after  the 
expiration  of  such  time.  If  the  claim  be  payable  in  a  particular  kind 
of  money  or  currency,  it  shall,  if  allowed,  be  payable  only  in  such 
money  or  currency. 

Note. — The  amendment  fixes  the  time  within  which  the  claimant  must  present 
his  claim  to  the  judge,  when  he  has  received  it  with  the  approval  of  the  executor 
or  administrator  thereon. 

Section  1561.     To  be  amended  to  read  as  follows: 

Sec.  1561.  When  property  is  directed  by  the  will  to  be  sold,  or 
authority  is  given  in  the  will  to  sell  property,  the  executor  may  sell  any 
property  of  the  estate  without  order  of  the  court,  and  at  either  public  or 
private  sale,  and  with  or  without  notice,  as  the  executor  may  determine; 
but  the  executor  must  make  return  of  such  sales  as  in  other  cases;  and  if 
directions  are  given  in  the  will  as  to  the  mode  of  selling,  or  the  particu- 
lar property  to  be  sold,  such  directions  must  be  observed.  In  either  case, 
no  title  passes  unless  the  sale  be  confirmed  by  the  court.  Whenever  the 
will  omits  to  mention  either  a  child  of  the  testator  born  after  the  making 
of  his  will,  as  provided  in  section  thirteen  hundred  and  six  of  the  Civil 
Code,  or  omits  to  provide  for  any  of  the  children  or  for  the  issue  of  any 
deceased  child  of  the  testator,  as  provided  in  section  thirteen  hundred 
and  seven  of  the  Civil  Code,  the  fact  that  such  child,  or  any  of  the  chil- 
dren, or  the  issue  of  any  deceased  child,  of  the  testator,  are  entitled  to 
succeed  to  the  same  portion  of  the  testator's  real  and  personal  property 
as  in  case  of  intestacy,  shall  not  impair  or  affect  the  validity  of  any  sale 
of  property  made  by  authority  of  such  will  in  accordance  with  the  pro- 
visions of  this  section. 

Note. — The  amendment  renders  valid  sales  under  a  power  in  a  will,  notwith- 
standing the  fact  that  a  pretermitted  child,  or  issue  of  any  deceased  child,  appears. 

Section  1582.     To  be  amended  to  read  as  follows: 

Sec.  1582.  Actions  for  the  recovery  of  any  property,  real  or  personal, 
or  for  the  possession  thereof,  or  to  quiet  title  thereto,  and  all  other 
actions,  whether  founded  on  contract  or  tort,  except  as  otherwise  pro- 
vided in  section  fifteen  hundred  and  ninety-two  of  this  Code,  may  be 
maintained  by  and  against  executors  and  administrators,  in  all  cases  in 


134  PROPOSED   AMENDMENTS   TO   THE 

which  the  same  might  have  been  maintained  by  or  against  their  respec- 
tive testators  or  intestates. 

Note.— This  amendment,  taken  in  connection  with  the  proposed  new  Section 
1592  of  this  chapter,  will  allow  actions  in  all  cases,  except  for  libel,  slander,  and 
assault  and  battery,  to  be  maintained  by  and  against  executors  and  administrators. 

Section  1592.     A  new  section  to  be  added  to  Chapter  VIII,  Title  XI, 
Part  III,  to  read  as  follows: 
Survival  of  right  of  action. 

Sec.  1 592.  For  wrongs  done  to  the  person,  character,  property,  rights, 
or  interests  of  another,  for  which  an  action  may  be  maintained  against 
the  wrongdoer,  such  action  may  be  brought  by  the  person  injured,  or, 
after  his  death,  by  his  executor  or  administrator,  against  such  wrong- 
doer, and  after  the  death  of  such  wrongdoer  against  his  executor  or 
administrator,  in  the  same  manner  and  with  like  effect  in  all  respects 
as  actions  founded  upon  contract;  but  this  section  shall  not  extend  to 
actions  for  slander  or  libel,  or  to  actions  for  assault  and  battery. 

Section  1593.  A  new  section  to  be  added  to  Chapter  VIII,  Title  XI, 
Part  III,  to  read  as  follows: 

Executor  or  administrator  may  bid  at  a  foreclosure  sale. 

Sec.  1593.  When  a  judgment  of  foreclosure  of  a  mortgage  owned  by 
a  decedent  in  his  lifetime  is  rendered  in  favor  of  the  executor  or  admin- 
istrator, such  executor  or  administrator  may,  on  behalf  of  the  estate, 
purchase  the  mortgaged  property  at  the  foreclosure  sale  thereunder,  but 
his  bid  at  such  sale  shall  not  exceed  the  amount  of  the  judgment  and 
costs. 

Section  1598.     To  be  amended  to  read  as  follows: 

Sec.  1598.  On  the  presentation  of  a  verified  petition  by  any  person 
claiming  to  be  entitled  to  such  conveyance  from  an  executor  or  adminis- 
trator, setting  forth  the  facts  upon  which  the  claim  is  predicated,  the 
court,  or  a  judge  thereof,  must  appoint  a  time  and  place  for  hearing  the 
petition,  and  must  order  notice  thereof  to  be  served  upon  the  executor 
or  administrator  personally  and  by  posting  in  three  public  places  in  the 
county  not  less  than  twenty-eight  days  before  the  time  set  for  the  hear- 
ing thereof,  or  to  be  published  at  least  four  successive  weeks  before  such 
hearing  in  such  newspaper  in  this  State  as  he  may  designate. 

Note.— It  is  an  useless  expense  to  require  publication  of  notice  of  application  to 
obtain  a  deed  from  the  personal  representative,  in  such  cases,  upon  payment  of 
the  balance  of  the  purchase  price. 

Section  1616.     To  be  amended  to  read  as  follows: 
Sec.  1616.     He  shall  be  allowed  all  necessary  expenses  in  the  care, 
management,  and  settlement  of  the  estate,  including  reasonable  fees 


CODE    OF    CIVIL   PROCEDURE.  135 

paid  to  attorneys  for  conducting  the  necessary  proceedings  or  suits  in 
court,  and  for  his  services  such  fees  as  provided  in  this  chapter;  but 
when  the  decedent,  by  his  will,  makes  some  other  provision  for  the  com- 
pensation of  his  executor,  that  shall  be  a  full  compensation  for  his 
services,  unless,  by  a  written  instrument,  filed  in  the  court,  he  renounces 
all  claim  for  compensation  provided  by  the  will.  No  executor  or  admin- 
istrator, in  any  estate  hereafter  commenced,  shall  be  allowed,  in  his 
accounts,  for  fees  paid  to  attorneys  under  this  section,  any  greater  sum 
in  the  aggregate,  than  the  highest  amount  allowable  to  such  executor  or 
administrator  in  such  estate  as  compensation  under  section  sixteen 
hundred  and  eighteen  of  this  Code. 

Note. — The  amendment  will  restrict  attorney's  fees  in  estates  to  an  amount  not 
exceeding  the  highest  statutory  compensation  allowable  to  executors  or  admin- 
istrators. 

Section  1747.     To  be  amended  to  read  as  follows: 

Sec.  1747.  The  Superior  Court  of  each  county,  when  it  appears 
necessary  or  convenient,  may  appoint  guardians  for  the  estates  of 
minors  who  have  no  guardian  legally  appointed  by  will  or  deed,  and 
who  are  inhabitants  or  residents  of  the  county,  or  who  reside  without 
the  State  and  have  estate  within  the  county.  Such  appointment  may 
be  made  on  the  petition  of  a  relative  or  other  person  on  behalf  of  the 
minor,  or  on  the  petition  of  the  minor,  if  fourteen  years  of  age.  Before 
making  such  appointment,  the  court  most  cause  such  notice  as  such 
court  deems  reasonable  to  be  given  to  any  person  having  the  care  of 
such  minor,  and  to  such  relatives  of  the  minor  residing  in  the  county  as 
the  court  may  deem  proper. 

Note—  The  amendment  deprives  the  Superior  Court  of  the  power  to  appoint  a 
guardian  of  the  person  of  the  minor  in  a  summary  proceeding,  leaving  the  question 
of  whether  a  parent  is  entitled  to  the  custody  of  his  minor  child  to  be  decided  in 
proceedings  under  Section  203  of  the  Civil  Code. 

Section  1870.     To  be  amended  to  read  as  follows: 
Sec.  1870.     In  conformity  with  the  preceding  provisions,  evidence 
may  be  given,  upon  a  trial,  of  the  following  facts: 

1.  The  precise  fact  in  dispute; 

2.  The  act,  declaration,  or  omission  of  a  party,  as  evidence  against 
such  party; 

3.  An  act  or  declaration  of  another,  in  the  presence  and  within  the 
observation  of  a  party,  and  his  conduct  in  relation  thereto; 

4.  The  act  or  declaration,  verbal  or  written,  of  a  deceased  person  in 
respect  to  the  relationship,  birth,  marriage,  or  death  of  any  person 
related'  by  blood  or  marriage  to  such  deceased  person ;  the  act  or  decla- 
ration of  a  deceased  person  done  or  made  against  his  interest  in  respect 
to  his  real  property;  and  also,  in  criminal  actions,  the  act  or  declaration 


136  PROPOSED   AMENDMENTS   TO   THE 

of  a  dying  person,  made  under  a  sense  of  impending  death,  respecting 
the  cause  of  his  death; 

5.  After  proof  of  a  partnership  or  agency,  the  act  or  declaration  of  a 
partner,  or  agent,  of  the  party,  within  the  scope  of  the  partnership  or 
agency,  and  during  its  existence.  The  same  rule  applies  to  the  act  or 
declaration  of  a  joint  owner,  joint  debtor,  or  other  person  jointly 
interested  with  the  party; 

6.  After  proof  of  a  conspiracy,  the  act  or  declaration  of  a  conspirator 
against  his  co-conspirators,  and  relating  to  the  conspiracy; 

7.  The  act,  declaration,  or  omission  forming  a  part  of  a  transaction, 
as  explained  in  section  eighteen  hundred  and  fifty; 

8.  The  testimony  of  a  witness  deceased,  or  out  of  the  jurisdiction,  or 
unable  to  testify,  given  in  a  former  action  between  the  same  parties, 
relating  to  the  same  matter; 

9.  The  opinion  of  a  witness  respecting  the  identity  or  handwriting  of 
a  person,  when  he  has  knowledge  of  the  person  or  handwriting;  his 
opinion  on  a  question  of  science,  art,  or  trade,  when  he  is  skilled 
therein; 

10.  The  opinion  of  a  subscribing  witness  to  a  writing,  the  validity  of 
which  is  in  dispute,  respecting  the  mental  sanity  of  the  signer;  and  the 
opinion  of  an  acquaintance  respecting  the  mental  sanity  of  a  person, 
the  reason  for  the  opinion  being  given; 

11.  Common  reputation  existing  previous  to  the  controversy,  respect- 
ing facts  of  a  public  or  general  interest  more  than  thirty  years  old,  and 
in  cases  of  pedigree  and  boundary; 

12.  Usage  to  explain  the  true  character  of  an  act,  contract,  or  instru- 
ment, where  such  true  character  is  not  otherwise  plain;  but  usage  is 
never  admissible,  except  as  an  instrument  of  interpretation; 

13.  Monuments  and  inscriptions  in  public  places,  as  evidence  of 
common  reputation;  and  entries  in  family  bibles,  or  other  family  books 
or  charts,  engravings  on  rings,  family  portraits,  and  the  like,  as  evi- 
dence of  pedigree; 

14.  The  contents  of  a  writing,  when  oral  evidence  thereof  is  admis- 
sible; 

15.  Any  other  facts  from  which  the  facts  in  issue  are  presumed  or  are 
logically  inferable; 

16.  Such  facts  as  serve  to  show  the  credibility  of  a  witness,  as 
explained  in  section  eighteen  hundred  and  forty-seven. 

Note.— The  amendment  consists  in  the  elimination  of  the  word  "intimate  "from 
Subdivision  10  thereof,  and  allows  evidence  to  be  given  by  an  acquaintance  respect- 
ing the  mental  sanity  of  a  person,  the  reason  for  the  opinion  being  stated.  The 
tendency  of  the  American  courts  during  the  last  few  years  has  been  largely  in 
this  direction.  (See  Hardy  vs.  Merill,  56  N.  H.  227;  and  Schouler  on  Wills, 
Section  201.) 


CODE   OF    CIVIL   PROCEDURE.  137 

Section  1880.     To  be  amended  to  read  as  follows: 
Sec.  1880.     The  following  persons  cannot  be  witnesses: 

1.  Those  who  are  of  unsound  mind  at  the  time  of  their  production 
for  examination; 

2.  Children  under  ten  years  of  age,  who  appear  incapable  of  receiv- 
ing just  impressions  of  the  facts  respecting  which  they  are  examined, 
or  of  relating  them  truly; 

3.  Parties  or  assignors  of  parties  to  an  action  or  proceeding,  or 
persons  interested  in,  or  in  whose  behalf  an  action  or  proceeding  is 
prosecuted  by  complaint  or  cross-complaint  against  an  executor  or 
administrator  upon  a  claim  or  demand,  or  upon  a  cause  of  action  affect- 
ing the  title  or  right  of  possession  of  any  property  which  was  in  the 
possession  of  a  deceased  person  at  the  time  of  his  death,  against  the 
estate  of  a  deceased  person,  as  to  any  matter  of  fact  occurring  before 
the  death  of  such  deceased  person. 

Note. — The  scope  of  the  amendment  is  to  prevent  any  person  interested  in  an 
estate  from  testifying  as  to  facts  occurring  before  decedent's  death,  not  only  in 
an  action  upon  a  claim  (as  the  section  was  construed  in  Myers  vs.  Reinstein,  67  Cal. 
89),  and  also  in  an  action  against  an  estate  relating  to  the  title  to  property  in 
decedent's  possession  at  the  time  of  his  death.  The  same  policy  which  closes  the 
mouth  of  a  surviving  party  to  a  transaction  where  a  suit  is  upon  a  claim  against  an 
estate,  would  prevent  his  testifying  as  to  facts  constituting  an  alleged  trust  in 
property,  because  the  elements  of  danger  of  fraud  are  equal  in  both  cases. 

Section  1906.     To  be  amended  to  read  as  follows: 

Sec.  1906.  A  judicial  record  of  a  foreign  country  may  be  proved  by 
the  attestation  of  the  clerk,  with  the  seal  of  the  court  annexed,  if  there 
be  a  clerk  and  seal,  or  of  #the  legal  keeper  of  the  record,  with  the  seal 
of  his  office  annexed,  if  there  be  a  seal,  together  with  a  certificate  of  the 
chief  judge  or  presiding  magistrate,  or  the  certificate  of  the  minister  or 
ambassador,  or  a  consul,  vice-consul,  or  consular  agent  of  the  United 
States  in  such  foreign  country,  to  the  effect  that  the  person  making  the 
attestation  is  the  clerk  of  the  court,  or  the  legal  keeper  of  the  record, 
and,  in  either  case,  that  the  signature  of  such  person  is  genuine,  and 
that  the  attestation  is  in  due  form.  The  signature  of  the  chief  judge, 
or  presiding  magistrate,  must  be  authenticated  by  the  certificate  of  the 
minister  or  ambassador,  or  a  consul,  vice-consul,  or  consular  agent  of 
the  United  States,  in  such  foreign  country. 

Section  1918.     To  be  amended  to  read  as  follows: 

Sec.  1918.     Other  official  documents  may  be  proved  as  follows: 

1.  Acts  of  the  executive  of   this  State,  by  the  records  of  the  state 

department  of  the  State;  and  of  the  United  States,  by  the  records  of 

the  state  department  of  the  United  States,  certified  by  the  heads  of 

those  departments  respectively.     They  may  also  be  proved  by  public 


138  PROPOSED   AMENDMENTS   TO   THE 

documents,  printed  by  the  order  of  the  Legislature  or  Congress,  or  either 
house  thereof; 

2.  The  proceedings  of  the  Legislature  of  this  State,  or  of  Congress,  by 
the  journals  of  those  bodies  respectively,  or  either  house  thereof,  or  by 
published  statutes  or  resolutions,  or  by  copies  certified  by  the  clerk,  or 
printed  by  their  order; 

3.  The  acts  of  the  executive,  or  the  proceedings  of  the  Legislature  of 
a  sister  State,  in  the  same  manner; 

4.  The  acts  of  the  executive,  or  the  proceedings  of  the  Legislature  of 
a  foreign  country,  by  journals  published  by  their  authority,  or  com- 
monly received  in  that  country  as  such,  or  by  a  copy  certified  under  the 
seal  of  the  country  or  sovereign,  or  by  a  recognition  thereof  in  some 
public  act  of  the  executive  of  the  United  States; 

5.  Acts  of  a  municipal  corporation  of  this  State,  or  of  a  board  or 
department  thereof,  by  a  copy,  certified  by  the  legal  keeper  thereof,  or  by 
a  printed  book  published  by  the  authority  of  such  corporation; 

6.  Documents  of  any  other  class  in  this  State,  by  the  original,  or  by 
a  copy,  certified  by  the  legal  keeper  thereof; 

7.  Documents  of  any  other  class  in  a  sister  State,  by  the  original,  or 
by  a  copy,  certified  by  the  legal  keeper  thereof,  together  with  the  cer- 
tificate of  the  Secretary  of  State,  judge  of  the  Supreme,  Superior,  or 
County  Court,  or  Mayor  of  a  city  of  such  State,  that  the  copy  is  duly 
certified  by  the  officer  having  the  legal  custody  of  the  original; 

8.  Documents  of  any  other  class  in  a  foreign  country,  by  the  original, 
or  by  a  copy  certified  by  the  legal  keeper  thereof,  with  a  certificate  of 
the  minister  or  ambassador,  or  consul,  vice-consul,  or  a  consular  agent 
of  the  United  States  in  such  foreign  country,  to  the  effect  that  the 
document  is  a  valid  and  subsisting  document  of  such  country,  and  that 
the  person  certifying  thereto  is  the  legal  keeper  of  such  original  docu- 
ment; that  said  certificate  is  in  due  form,  and  that  the  signature  of  the 
legal  keeper  thereto  is  genuine; 

9.  Documents  in  the  departments  of  the  United  States  government, 
by  the  certificate  of  the  legal  custodian  thereof. 

Note.— The  amendment  is  of  Subdivision  8,  of  the  section,  and  obviates  the 
necessity  of  obtaining  the  seal  of  the  country  or  sovereign  to  be  attached  to  a 
certified  copy  of  such  document  in  a  foreign  country. 

Section  1950.     To  be  amended  to  read  as  follows: 

Sec.  1950.  The  record  of  a  conveyance  of  real  property,  or  any  other 
record,  a  transcript  of  which  is  admissible  in  evidence,  must  not  be 
removed  from  the  office  where  it  is  kept,  except  upon  the  order  of  a 
court,  in  cases  where  the  inspection  of  the  record  is  shown  to  be  essen- 
tial to  the  just  determination  of  the  cause  or  proceeding  pending,  or  to 
a  Superior  Court  held  in  the  same  county  with  such  office,  when  the- 


CODE   OF   CIVIL    PROCEDURE.  139 

custodian  thereof  or  his  deputy  is  subpoenaed  to  appear   with   such 
record. 

Note—  The  amendment  will  allow  records  to  be  used  at  trials  in  Superior  Courts 
held  in  the  same  county  where  such  records  are  kept;  provided,  the  custodian  or 
his  deputy  is  required  to  appear  with  them. 

Section  1991.     To  be  amended  to  read  as  follows: 

Sec.  1991.  Disobedience  to  a  subpoena,  or  a  refusal  to  be  sworn  or 
to  answer  as  a  witness,  or  to  subscribe  an  affidavit  or  deposition  when 
required  by  any  officer  authorized  to  administer  oaths  and  take  testi- 
mony, may  be  punished  as  a  contempt,  by  the  court  in  which  the  pro- 
ceedings are  pending  wherein  Ihe  testimony  of  the  party  is  desired,  and 
if  the  witness  be  a  party,  his  complaint  or  answer  may  be  stricken  out. 

Note.— The  amendment,  taken  in  connection  with  that  proposed  to  Subdivision 
10  of  Section  1209,  allows  the  court  to  punish,  as  a  contempt,  the  refusal  of  a  wit- 
ness to  testify  before  a  notary  public  when  duly  served  with  a  subpoena. 

Section  2015.     To  be  amended  to  read  as  follows: 

Sec.  2015.  When  an  affidavit  is  taken  before  a  judge  or  a  court  in 
another  State,  or  in  a  foreign  country,  the  genuineness  of  the  signature 
of  the  judge,  the  existence  of  the  court,  and  the  fact  that  such  judge  is 
a  member  thereof,  must  be  certified  by  the  clerk  of  the  court,  under  the 
seal  thereof,  or  by  the  superior  of  such  judge  under  the  seal  of  his  office. 

Section  2016.  A  new  section  to  be  added  to  Article  II,  Chapter  III, 
Title  III,  of  Part  III,  to  read  as  follows: 

Testimony  in  foreign  court,  when  used. 

Sec.  2016.  The  testimony  of  witnesses  taken  by  a  foreign  court  of 
record,  reduced  to  writing,  and  attested  by  the  judge  of  such  court  and 
under  the  seal  of  the  same,  may  be  used  as  evidence  of  the  kinship  or 
identity  of  the  parties  claiming  to  be  the  heirs  or  legatees  of  a  deceased 
person  in  probate  proceedings  in  this  State  involving  the  question  of 
such  kinship  or  identity.  If  such  testimony  has  been  given  and  reduced 
to  writing  in  a  foreign  language,  an  English  translation  thereof,  verified 
by  a  person  conversant  with  both  languages  to  be  a  full,  true,  and  cor- 
rect translation  of  such  writing,  may  accompany  the  same  and  may  be 
received  in  evidence  with  the  original. 

Section  2021.     To  be  amended  to  read  as  follows: 

Sec.  2021.  The  testimony  of  a  witness  in  this  State  .may  be  taken 
by  deposition  in  an  action  at  any  time  after  the  service  of  the  summons 
or  the  appearance  of  the  defendant,  and  in  a  special  proceeding  after  an 
issue  of  fact  has  arisen,  or  when  it  becomes  necessary  or  expedient  to 
establish  a  fact  by  evidence,  therein,  in  the  following  cases: 

1.  When  the  witness  is  a  party  to  the  action  or  proceeding,  or  an 


140  PROPOSED   AMENDMENTS   TO   THE 

officer  or  member  of  a  corporation  which  is  a  party  to  the  action  or  pro- 
ceeding, or  a  person  for  whose  immediate  benefit  the  action  or  proceed- 
ing is  prosecuted  or  defended; 

2.  When  the  witness  resides  out  of  the  county  in  which  his  testimony 
is  to  be  used; 

3.  When  the  witness  is  about  to  leave  the  county  where  the  action  is 
to  be  tried,  and  will  probably  continue  absent  when  the  testimony  is 
required; 

4.  When  the  witness,  otherwise  liable  to  attend  the  trial,  is  neverthe- 
less too  infirm  to  attend; 

5.  When  the  testimony  is  required  upon  a  motion,  or  in  any  other 
case  where  the  oral  examination  of  the  witness  is  not  required; 

6.  When  the  witness  is  the  only  one  who  can  establish  facts  or  a  fact 
material  to  the  issue;  provided,  that  the  deposition  of  such  witness  shall 
not  be  used  if  his  presence  can  be  procured  at  the  time  of  the  trial  of 
the  cause. 

Section  2024.     To  be  amended  to  read  as  follows: 

Sec.  2024.  The  deposition  of  a  witness  out  of  this  State  may  be 
taken  upon  a  commission  issued  from  the  court,  under  the  seal  of  the 
court,  upon  an  order  of  the  court,  or  a  judge  or  a  justice  thereof, 
on  the  application  of  either  party,  upon  five  days'  previous  notice  to 
the  other.  If  the  court  be  a  justice's  court,  the  commission  shall  have 
attached  to  it  a  certificate,  under  seal  by  the  County  Clerk  of  such 
county,  to  the  effect  that  the  person  issuing  the  same  was  an  acting 
justice  of  the  peace  at  the  date  of  the  commission.  If  issued  to  any 
place  within  the  United  States,  it  may  be  directed  to  a  person  agreed 
upon  by  the  parties,  or  if  they  do  not  agree,  to  any  judge  or  justice  of 
the  peace  or  commissioner  selected  by  the  court  or  judge  or  justice 
issuing  it.  If  issued  to  any  country  out  of  the  United  States,  it  may 
be  directed  to  a  minister,  ambassador,  consul,  vice-consul,  or  consular 
agent  of  the  United  States  in  such  country,  or  to  a  judge  of  any  court 
of  record  in  such  country,  or  to  any  person  agreed  upon  by  the  parties. 

Note.— The  amendment  allows  a  commission  to  be  directed  to  a  judge  of  any 
court  of  record  in  a  foreign  country. 

Section  2039.  A  new  section  to  be  added  to  Article  V,  Chapter  III, 
Title  III,  of  Part  III,  to  read  as  follows: 

Letters  rogatory  to  foreign  courts. 

Sec.  2039.  Whenever  it  is  made  to  appear  to  the  court,  by  affidavit 
or  otherwise,  that  upon  requisition  made  by  a  court  of  record  of  this 
State,  a  court  of  record  of  any  foreign  State  or  government,  or  a  judge 
or  commissioner  thereof,  will  cause  witnesses  to  be  examined  and  their 
depositions  to  be  returned  to  the  court  making  the  requisition,  letters 


CODE    OF   CIVIL   PROCEDURE.  141 

rogatory,  addressed  to  such  foreign  court,  may  be  issued,  signed  by  the 
judge  before  whom  the  action  or  proceeding  may  be  pending,  and 
attested  by  the  clerk,  under  the  seal  of  the  court.  Such  letters  roga- 
tory may  be  obtained  on  the  application  of  either  party,  upon  five 
.days'  previous  notice  to  the  other,  or  if  no  one  has  appeared  in  oppo- 
sition to  the  claim  or  allegation  sought  to  be  proved,  and  the  time 
within  which  such  appearance  should  be  made  has  expired,  without 
notice.  The  question  or  questions  as  to  which  testimony  is  required 
shall  be  concisely  stated  and  form  part  of  such  letters  rogatory;  or 
written  interrogatories,  direct  and  cross,  may,  upon  the  request  of  either 
party,  be  prepared  and  settled,  as  in  the  case  of  a  deposition  to  be  taken 
under  a  commission,  and  annexed  to  the  letters,  and  the  examination 
shall  thereupon  be  had  upon  such  interrogatories  and  cross-interroga- 
tories only,  unless  the  parties  agree  that  other  or  additional  questions 
may  be  put  to  the  witness.  In  either  case,  the  letters  rogatory  shall 
contain  a  statement  that  the  court,  upon  requisition  made  to  it  by  the 
foreign  court,  would  likewise  cause  witnesses  to  be  summoned  and 
examined  as  provided  in  the  next  section.  The  names  of  the  witness 
or  witnesses  to  be  examined  may  be  inserted  in  the  letters;  or  if  the 
same  are  unknown  and  if  no  objection  is  made,  the  requisition  may  be 
to  summon  and  examine  such  witnesses  as  may  be  found  competent 
and  able  to  testify  to  facts  material  to  the  question  or  questions  at 
issue.  A  deposition  taken  by  such  foreign  court,  judge,  or  commis- 
sioner, certified  by  the  examining  court,  judge,  or  commissioner  to  have 
been  read  to  and  approved  and  subscribed  by  the  witness,  and  returned,, 
in  a  sealed  envelope,  to  the  clerk  of  the  court  issuing  the  letters  roga- 
tory, may  be  used  upon  the  trial  or  other  proceeding  in  the  same  manner 
in  which  a  deposition  taken  upon  a  commission  regularly  issued  and 
duly  taken  might  be  used. 

Section  2040.  A  new  section  to  be  added  to  Article  V,  Chapter  III,. 
Title  III,  of  Part  III,  to  read  as  follows: 

Letters  rogatory  to  the  Superior  Courts  of  this  State. 

Sec.  2040.  Whenever  it  shall  appear  to  the  court,  by  affidavit  or 
otherwise,  that  upon  letters  rogatory  issued  by  a  court  of  record  of  this 
State,  a  court  of  any  foreign  country  will  cause  to  be  taken,  certified, 
and  returned  depositions  of  witnesses  as  provided  in  the  preceding 
section,  it  shall  be  the  duty  of  the  court,  upon  similar  letters  rogatory 
addressed  to  the  same  by  such  foreign  court  in  any  action  or  proceeding 
depending  therein,  to  cause  witnesses  to  be  examined  and  their  deposi- 
tions to  be  certified  and  returned  as  hereinafter  provided.  Such  letters 
rogatory  may  be  filed  in  the  office  of  the  clerk  and  assigned  in  the 
same  manner  as  an  original  complaint  or  petition;  and  upon  motion 
made  on  behalf  of  the  court  making  the  requisition,  or  of  any  party 


142  PROPOSED   AMENDMENTS   TO    THE 

interested  in  having  the  same  executed,  the  court  shall  appoint  a 
commissioner,  whose  duty  it  shall  be  to  summon  the  witness  whose 
testimony  is  desired,  to  administer  an  oath  to  him,  and  to  take  his  testi- 
mony and  reduce  the  same  to  writing  in  the  same  manner  as  under  a 
commission  issued  in  an  action  or  proceeding  in  this  State;  and  his 
attendance  may  be  compelled  and  he  may  be  punished  for  failing  to 
appear,  or  to  answer  proper  questions  propounded  to  him,  in  like 
manner.  After  the  testimony  of  the  witness  shall  have  been  reduced  to 
writing  and  corrected  and  signed  by  the  witness,  the  commissioner  shall 
certify  the  same  and  return  it  to  the  court;  and  upon  motion  made  for  that 
purpose,  the  court  shall  attest  the  due  execution  of  the  requisition  and 
make  an  order  directing  the  clerk  to  return  the  testimony,  so  certified  and 
attested,  to  the  foreign  court.  Before  returning  the  testimony,  the  clerk 
shall  demand  payment  of  all  his  fees  due  to  him,  which  shall  be  the 
same  as  for  similar  services  done  by  him  in  actions  or  proceedings 
commenced  in  this  State,  and  he  shall  also  require  proof,  by  proper 
vouchers,  that  the  fee  of  the  commissioner  taking  the  testimony  (which 
shall  not  exceed  the  fee  properly  chargeable  by  him  in  the  case  of 
depositions  taken  in  an  action  or  proceeding  commenced  this  State)  has 
been  paid. 


POLITICAL    CODE.  143 


PROPOSED    AMENDMENTS    TO    THE 

POLITICAL  CODE. 


PRELIMINARY    PROVISIONS. 

Section  11.     To  be  repealed. 

Note.— The  provisions  of  Section  11  are  contained  in  Section  10. 

CHAPTER   II. 

TERRITORIAL   JURISDICTION    OF   THE    STATE. 

Section  35.     A  new  section  to  be  added  to  read  as  follows: 

Authorizing  the  Governor  to  convey  land  to  the  United  States  in  certain 
cases. 

Sec.  35.  Whenever  the  United  States  desires  to  acquire  title  to  a 
tract  of  land,  not  exceeding  ten  acres,  belonging  to  the  State,  and  covered 
by  the  navigable  waters  of  the  United  States,  within  the  limits  thereof, 
for  the  site  of  lighthouse,  beacon,  or  other  aid  to  navigation,  and  appli- 
cation is  made  by  a  duly  authorized  agent  of  the  United  States,  describ- 
ing the  site  required  for  one  of  the  purposes  aforesaid,  then  the  Governor 
of  the  State  is  authorized  and  empowered  to  convey  the  title  to  the 
United  States,  and  to  cede  to  the  said  United  States  jurisdiction  over 
the  same,  not  inconsistent  with  the  provisions  hereof.  Whenever  the 
United  States  desires  to  acquire  title  to  any  piece  or  parcel  of  land 
extending  from  high-water  mark  out  to  three  hundred  yards  beyond 
low- water  mark,  such  land  lying  contiguous  and  adjacent  to  lands  of 
the  United  States  in  this  State  which  lie  upon  tidewaters  and  are  held 
and  occupied  or  reserved  for  military  purposes  or  defense,  and  which  is 
bounded  by  a  line  along  high-water  mark,  a  line  three  hundred  yards 
out  beyond  low-water  mark,  and  lines  at  right  angles  to  high-water 
mark  at  the  points  where  the  boundaries  of  the  adjacent  lands  of  the 
United  States  touch  high-water  mark,  or  any  part  or  parcel  of  such  tract 
of  land,  for  military  purposes,  then  the  Governor  of  the  State  is 
authorized  and  empowered,  upon  application  made  by  a  duly  authorized 


144  PROPOSED   AMENDMENTS   TO   THE 

agent  of  the  United  States,  to  convey  the  title  to  the  United  States, 
and  cede  to  the  United  States  jurisdiction  over  the  same;  provided, 
that  the  title  to  each  parcel  of  land  hereby  granted,  released,  and  ceded 
to  the  United  States  in  this  latter  case,  shall  be  and  remain  in  the 
United  States  only  so  long  as  the  United  States  shall  continue  to  hold 
and  own  the  adjacent  lands  now  belonging  to  the  said  United  States; 
and  further  provided,  that  the  State  shall  retain  concurrent  jurisdiction 
in  all  cases,  so  far  that  all  process,  civil  or  criminal,  issuing  under  the 
authority  of  the  State  may  be  executed  by  the  proper  officers  thereof 
upon  any  person  or  persons  amenable  to  the  same,  within  the  limits  of 
the  land  so  ceded,  in  like  manner  and  to  like  effect  as  if  the  title  to  said' 
land  had  not  been  conveyed  to  the  United  States. 

Note. — The  first  part  of  the  section  contains  the  provisions  of  "An  Act  concern- 
ing submarine  sites  for  lighthouses,  and  other  aids  to  navigation  on  the  coast  of 
this  State,"  approved  March  26,  1874.  The  latter  part  of  the  section  is  a  qualified 
adoption  of  a  recommendation  of  the  honorable  Secretary  of  War  of  the  United 
States. 

CHAPTER   II. 

SENATORIAL    AND   ASSEMBLY    DISTRICTS. 

Section  78.     A  new  section  to  be  added  to  read  as  follows: 
Assembly  districts. 

Sec.  78.  This  State  is  hereby  divided  into  eighty  assembly  districts, 
constituted  as  follows: 

1.  The  Counties  of  Del  Norte  and  Siskiyou  shall  constitute  the  First 
Assembly  District. 

2.  All  that  portion  of  Humboldt  County  comprising  the  townships 
of  Orleans,  Klamath,  Trinidad,  Mad  River,  Union,  Eureka,  and  Bucks- 
port  shall  constitute  the  Second  Assembly  District. 

3.  All  that  portion  of  Humboldt  County  not  included  in  the  Second 
Assembly  District  shall  constitute  the  Third  Assembly  District. 

4.  The  Counties  of  Tehama  and  Trinity  shall  constitute  the  Fourth 
Assembly  District. 

5.  The  Counties  of  Shasta  a^id  Modoc  shall  constitute  the  Fifth  Assem- 
bly District. 

6.  The  Counties  of  Lassen,  Plumas,  and  Sierra  shall  constitute  the 
Sixth  Assembly  District. 

7.  The  County  of  Butte  shall  constitute  the  Seventh  Assembly  Dis- 
trict. 

8.  The  Counties  of  Yuba  and  Sutter  shall  constitute  the  Eighth 
Assembly  District. 

9.  The  County  of  Mendocino  shall  constitute  the  Ninth  Assembly 
District. 


POLITICAL   CODE.  145 

10.  The  Counties  of  Colusa,  Lake,  and  Glenn  shall  constitute  the 
Tenth  Assembly  District. 

11.  The  County  of  Yolo  shall  constitute  the  Eleventh  Assembly 
District. 

12.  The  County  of  Nevada  shall  constitute  the  Twelfth  Assembly 
District. 

13.  The  County  of  Placer  shall  constitute  the  Thirteenth  Assembly 
District. 

14.  The  County  of  El  Dorado  shall  constitute  the  Fourteenth 
Assembly  District. 

15.  The  County  of  Amador  shall  constitute  the  Fifteenth  Assembly 
District. 

16.  All  that  portion  of  Sonoma  County  comprising  the  townships  ot 
Analy,  Bodega,  Mendocino,  Ocean,  Petaluma,  Redwood,  Salt  Point,  and 
Vallejo  shall  constitute  the  Sixteenth  Assembly  District. 

17.  All  that  portion  of  Sonoma  County  not  included  in  the  Sixteenth 
Assembly  District  shall  constitute  the  Seventeenth  Assembly  District. 

18.  The  County  of  Napa  shall  constitute  the  Eighteenth  Assembly 
District. 

19.  The  County  of  Solano  shall  constitute  the  Nineteenth  Assembly 
District. 

20.  All  that  portion  of  Sacramento  City,  in  Sacramento  County, 
lying  north  of  the  center  of  K  Street,  of  said  Sacramento  City,  shall 
constitute  the  Twentieth  Assembly  District. 

21.  All  that  portion  of  Sacramento  City,  in  Sacramento  County,  lying 
south  of  the  center  of  K  Street,  of  said  Sacramento  City,  shall  con- 
stitute the  Twenty-first  Assembly  District. 

22.  All  that  portion  of  Sacramento  County  not  included  in  the 
Twentieth  and  Twenty- first  Assembly  Districts  shall  constitute  the 
Twenty-second  Assembly  District. 

23.  The  County  of  Marin  shall  constitute  the  Twenty-third  Assembly 
District. 

24.  The  County  of  Contra  Costa  shall  constitute  the  Twenty-fourth 
Assembly  District. 

25.  All  that  portion  of  San  Joaquin  County  comprising  the  City  of 
Stockton  shall  constitute  the  Twenty-fifth  Assembly  District. 

26.  All  that  portion  of  San  Joaquin  County  not  included  in  the 
Twenty-fifth  Assembly  District  shall  constitute  the  Twenty-sixth 
Assembly  District. 

27.  The  County  of  Calaveras  shall  constitute  the  Twenty-seventh 
Assembly  District. 

28.  All  that  portion  of  the  City  and  County  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  where  the  center 
line  of  Market  Street  intersects  the  Bay  of  San  Francisco,  continuing 

10-c 


146  PROPOSED    AMENDMENTS   TO   THE 

thence  along  the  center  of  the  following  named  streets:  Market  to 
Third,  Third  to  Bryant,  Bryant  to  the  waters  of  the  Bay  of  San 
Francisco;  thence  along  the  shore  to  Market,  the  place  of  beginning, 
shall  constitute  the  Twenty-eighth  Assembly  District. 

29.  All  that  portion  of  the  City  and  County  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  intersection  of  the  center  of  Market  and 
Third  streets,  continuing  thence  along  the  center  of  the  following 
named  streets:  Market  to  Fifth,  Fifth  to  Bryant,  Bryant  to  Third, 
Third  to  Market,  the  place  of  beginning,  shall  constitute  the  Twenty- 
ninth  Assembly  District. 

30.  All  that  portion  of  the  City  and  County  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  intersection  of  the  center  of  Market 
and  Fifth  streets,  continuing  thence  along  the  center  of  the  following 
named  streets:  Market  to  Seventh,  Seventh  to  Bryant,  Bryant  to  Fifth, 
Fifth  to  Market,  the  place  of  beginning,  shall  constitute  the  Thirtieth 
Assembly  District. 

31.  All  that  portion  of  the  City  and  County  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  intersection  of  the  center  of  Market  and 
Seventh  streets,  continuing  thence  along  the  center  of  the  following 
named  streets:  Market  to  Eleventh,  Eleventh  to  intersection  of  Channel 
and  Bryant,  Bryant  to  Seventh,  Seventh  to  Market,  the  place  of  begin- 
ning, shall  constitute  the  Thirty-first  Assembly  District. 

32.  All  that  portion  of  the  City  and  County  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  where  the  center 
of  Bryant  Street  intersects  the  waters  of  the  Bay  of  San  Francisco, 
continuing  thence  along  the  center  of  the  following  named  streets: 
Bryant  to  intersection  of  Eleventh  and  Channel,  along  Eleventh  to 
Harrison,  Harrison  to  Napa,  Napa  to  the  waters  of  the  Bay  of  San 
Francisco;  thence  along  the  shore  to  Bryant,  the  place  of  beginning, 
shall  constitute  the  Thirty-second  Assembly  District. 

33.  All  that  portion  of  the  City  and  County  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  the  center  of 
Napa  Street  and  the  Bay  of  San  Francisco,  continuing  thence  along  the 
center  of  the  following  named  streets:  Napa  to  Twentieth,  Twentieth 
to  Howard,  Howard  to  Army,  Army  to  Precita  Avenue,  Precita  Avenue 
to  Colusa,  Colusa  to  San  Bruno  Road  or  Avenue;  thence  along  San 
Bruno  Road  or  Avenue  to  its  intersection  with  the  boundary  line  divid- 
ing the  counties  of  San  Francisco  and  San  Mateo;  thence  along  said 
boundary  line  to  the  intersection  of  the  waters  of  the  Bay  of  San  Fran- 
cisco; thence  along  the  shore  of  said  bay  to  Napa  Street,  the  place  of 
beginning,  shall  constitute  the  Thirty-third  Assembly  District. 

34.  All  that  portion  of  the  City  and  County  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  the  center  of 
Market  and  Eleventh  streets,  continuing  thence  along  the  center  of  the 


POLITICAL   CODE.  147 

following  named  streets:  Market  to  Valencia,  Valencia  to  Ridley,  Ridley 
to  Guerrero,  Guerrero  to  Twenty-first,  Twenty-first  to  Howard,  Howard 
to  Twentieth,  Twentieth  to  Harrison,  Harrison  to  Eleventh,  Eleventh  to 
Market,  the  place  of  beginning,  shall  constitute  the  Thirty-fourth 
Assembly  District. 

35.  All  that  portion  of  the  City  and  County  of  San  Francisco  bounded 
as  follows  :  Commencing  at  the  point  of  intersection  of  the  center  of 
Howard  and  Twenty-first  streets,  continuing  thence  along  the  center  of 
the  following  named  streets:  Twenty-first  to  Church,  Church  to  Army, 
Army  to  Guerrero,  Guerrero  to  Old  San  Jose  Road,  Old  San  Jose  Road 
to  Thirtieth,  Thirtieth  to  Mission;  thence  along  Mission  Street  to  Tele- 
graph or  the  New  County  Road;  thence  along  said  road  to  the  boundary 
line  dividing  the  counties  of  San  Francisco  and  San  Mateo;  thence 
along  said  boundary  line  to  San  Bruno  Road  or  Avenue;  thence  along 
San  Bruno  Road  or  Avenue  to  Colusa,  Colusa  to  Precita  Avenue,  Pre- 
cita  Avenue  to  Army,  Army  to  Howard,  Howard  to  Twenty-first,  the 
place  of  beginning,  shall  constitute  the  Thirty -fifth  Assembly  District. 

36.  All  that  portion  of  the  City  and  County  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  the  center  of  Guer- 
rero and  Fourteenth  streets,  continuing  thence  along  the  center  of  the 
following  named  streets:  Fourteenth  to  South  Broderick,  South  Brod- 
erick  to  Park  Road;  thence  along  Park  Road  to  Frederick,  Frederick 
to  First  Avenue,  First  Avenue  to  J,  J  to  Fourth  Avenue,  Fourth  Avenue 
to  K,  K  to  the  waters  of  the  Pacific  Ocean,  along  the  shore  of  said 
ocean  to  the  boundary  line  dividing  the  counties  of  San  Mateo  and  San 
Francisco;  thence  along  the  said  boundary  line  to  New  County  Road, 
along  said  road  to  Mission  Road,  Mission  Road  to  Thirtieth,  Thirtieth 
to  Old  San  Jose  Road,  Old  San  Jose  Road  to  Guerrero,  Guerrero  to 
Army,  Army  to  Church,  Church  to  Twenty-first,  Twenty-first  to  Guer- 
rero, Guerrero  to  Fourteenth,  the  place  of  beginning,  shall  constitute 
the  Thirty-sixth  Assembly  District. 

37.  All  that  portion  of  the  City  and  County  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  the  center  of 
Market  Street  and  Van  Ness  Avenue,  continuing  thence  along  the  center 
of  the  following  named  streets:  Market  to  Valencia,  Valencia  to  Ridley, 
Ridley  to  Guerrero,  Guerrero  to  Fourteenth,  Fourteenth  to  South 
Broderick,  South  Broderick  to  Park  Road,  around  Park  Road  to  Fred- 
erick, Frederick  to  First  Avenue,  First  Avenue  to  J,  J  to  Fourth 
Avenue,  Fourth  Avenue  to  K,  K  to  the  waters  of  the  Pacific  Ocean; 
thence  along  the  shore  of  said  ocean  northerly  to  Avenue  D,  Avenue  D 
to  Stanyan,  Stanyan  to  Grove,  Grove  to  Van  Ness  Avenue,  Van  Ness 
Avenue  to  Market,  the  place  of  beginning,  shall  constitute  the  Thirty- 
seventh  Assembly  District. 

38.  All  that  portion  of  the  City  and  County  of  San  Francisco  bounded 


148  PROPOSED   AMENDMENTS    TO   THE 

as  follows:  Commencing  at  the  intersection  of  Avenue  B  and  the  Pacific 
Ocean,  continuing  thence  along  the  center  of  the  following  named 
streets:  Avenue  B  to  First  Avenue,  First  Avenue  to  Turk,  Turk  to 
Broderick,  Broderick  to  O'Farrell,  O'Farrell  to  Van  Ness  Avenue,  Van 
Ness  Avenue  to  Grove,  Grove  to  Stanyan,  Stanyan  to  Avenue  D,  Avenue 
D  to  the  Pacific  Ocean;  thence  along  the  shore  to  Avenue  B,  the  place 
of  beginning,  shall  constitute  the  Thirty-eighth  Assembly  District. 

39.  All  that  portion  of  the  City  and  County  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  the  center  of 
Sacramento  and  Hyde  streets,  continuing  thence  along  the  center  of  the 
following  named  streets:  Hyde  to  Sutter,  Sutter  to  Jones,  Jones  to 
Market,  Market  to  Van  Ness  Avenue,  Van  Ness  Avenue  to  Sacramento, 
Sacramento  to  Hyde,  the  place  of  beginning,  shall  constitute  the  Thirty- 
ninth  Assembly  District. 

40.  All  that  portion  of  the  City  and  County  of  San  Francisco  bounded 
as  follows:  Commencing  at  the  point  of  intersection  of  Avenue  B  and 
the  waters  of  the  Pacific  Ocean,  continuing  thence  along  the  center  of 
the  following  named  streets:  Avenue  B  to  First  Avenue,  First  Avenue 
to  Turk,  Turk  to  Broderick,  Broderick  to  O'Farrell,  O'Farrell  to  Van 
Ness  Avenue,  Van  Ness  Avenue  to  Sacramento,  Sacramento  to  Central 
Avenue,  Central  Avenue  to  California,  California  to  the  east  line  of  the 
City  Cemetery;  thence  northerly  in  a  direct  line  to  the  Pacific  Ocean; 
thence  along  the  shore  in  a  southerly  and  westerly  direction  to  the 
place  of  beginning,  together  with  the  islands  known  as  the  Farallon 
Islands,  shall  constitute  the  Fortieth  Assembly  District. 

41.  All  that  portion  of  the  City  and  County  of  San  Francisco 
bounded  as  follows:  Commencing  at  the  intersection  of  Leavenworth 
Street  with  the  waters  of  the  Bay  of  San  Francisco,  continuing  thence 
along  the  center  of  the  following  named  streets:  Leavenworth  to  Broad- 
way, Broadway  to  Hyde,  Hyde  to  Sacramento,  Sacramento  to  Central 
Avenue,  Central  Avenue  to  California,  along  California  in  a  direct  line 
to  its  intersection  with  the  east  line  of  the  City  Cemetery;  thence 
northerly  in  a  direct  line  to  the  waters  of  the  Pacific  Ocean;  thence 
along  the  shore  of  said  ocean  and  the  said  bay  to  Leavenworth,  the 
place  of  beginning,  shall  constitute  the  Forty-first  Assembly  District. 

42.  All  that  portion  of  the  City  and  County  of  San  Francisco 
bounded  as  follows:  Commencing  at  the  junction  of  the  center  of 
Market  and  Mason  streets,  continuing  thence  along  the  center  of  the 
following  named  streets:  Mason  to  Broadway,  Broadway  to  Hyde, 
Hyde  to  Sutter,  Sutter  to  Jones,  Jones  to  Market,  Market  to  Mason, 
the  place  of  beginning,  shall  constitute  the  Forty-second  Assembly 
District. 

43.  All  that  portion  of  the  City  and  County  of  San  Francisco 
bounded  as  follows:  Commencing  at  the  intersection  of  the  center  of 


POLITICAL   CODE.  149 

Market  and  Kearny  streets,  continuing  thence  along  the  center  of  the 
following  named  streets:  Kearny  to  Broadway,  Broadway  to  Mason, 
Mason  to  Market,  Market  to  Kearny,  the  place  of  beginning,  shall 
constitute  the  Forty-third  Assembly  District. 

44.  All  that  portion  of  the  City  and  County  of  San  Francisco 
bounded  as  follows:  Commencing  at  the  point  where  the  center  of 
Kearny  Street  intersects  the  Bay  of  San  Francisco,  continuing  thence 
along  the  center  of  the  following  named  streets:  Kearny  to  Broadway, 
Broadway  to  Leavenworth,  Leavenworth  to  the  said  bay;  thence  along 
the  shore  of  said  bay  to  Kearny,  the  place  of  beginning,  shall  constitute 
the  Forty-fourth  Assembly  District. 

45.  All  that  portion  of  the  City  and  County  of  San  Francisco 
bounded  as  follows:  Commencing  at  a  point  where  the  center  of  Market 
Street  intersects  the  Bay  of  San  Francisco,  continuing  thence  along  the 
center  of  the  following-named  streets:  Market  to  Kearny,  Kearny  to  the 
Bay  of  San  Francisco;  thence  along  the  shore  of  said  bay  to  Market 
Street,  the  place  of  beginning,  together  with  all  the  waters  of  the  bay  of 
San  Francisco,  and  the  islands  contained  therein,  situated  within  the 
boundaries  of  the  City  and  County  of  San  Francisco,  shall  constitute 
the  Forty-fifth  Assembly  District. 

46.  All  that  portion  of  the  County  of  Alameda  comprising  the  town- 
ships of  Murray  and  Washington,  and  that  certain  portion  of  Eden 
township  within  the  corporate  limits  of  the  town  of  Haywards  and  that 
portion  of  said  Eden  township  known  as  Castro  Valley  election  pre- 
cinct, described  as  follows,  to  wit:  Commencing  at  a  point  where  the 
northerly  line  of  the  town  of  Haywards  is  intersected  by  a  line  known 
as  the  dividing  line  between  San  Lorenzo  and  Castro  Valley  election  pre- 
cincts; thence  along  said  dividing  line  of  said  precincts  to  the  middle 
line  of  San  Lorenzo  Creek;  thence  easterly  and  northerly  along  the 
middle  line  of  said  creek  to  the  dividing  line  of  Alameda  and  Contra 
Costa  counties;  thence  easterly  and  southerly  along  said  dividing  line 
of  said  counties  to  its  point  of  intersection  with  the  dividing  line  of 
Eden  and  Murray  townships  aforesaid;  thence  along  said  dividing  line 
between  Eden  and  Murray  townships  to  the  corner  of  Eden,  Murray, 
and  Washington  townships;  thence  westerly  along  the  line  dividing  the 
townships  of  Washington  and  Eden  to  the  middle  of  the  mountain  road 
from  Haywards;  thence  northerly  along  the  middle  of  the  said  road  to 
the  southerly  boundary  line  of  the  town  of  Haywards;  thence  along 
the  boundary  line  of  Haywards  and  Castro  Valley  election  precincts  to 
the  place  of  beginning,  shall  constitute  the  Forty-sixth  Assembly  District. 

47.  All  that  portion  of  the  County  of  Alameda  comprising  so  much  of 
Eden  township  as  is  not  included  in  the  Forty-sixth  Assembly  District, 
and  that   portion  of  Brooklyn  township   lying  outside  of  the  City  of 


150  PROPOSED   AMENDMENTS   TO   THE 

Oakland,  and  all  of   Alameda  township,  shall  constitute  the  Forty- 
seventh  Assembly  District. 

48.  All  that  portion  of  the  County  of  Alameda  comprising  that  por- 
tion of  the  City  of  Oakland  bounded  as  follows:  Commencing  at  a 
point  on  the  westerly  line  of  the  seventh  ward,  where  the  same  is  inter- 
sected by  Thirteenth  Street  extended,  continuing  thence  along  the  center 
of  the  following  named  streets:  Thirteenth  to  Broadway,  Broadway  to 
Tenth,  Tenth  to  Jefferson,  Jefferson  to  Twelfth,  Twelfth  to  Adeline, 
Adeline  to  the  shore  line  of  Oakland  Creek,  and  thence  extended  to  the 
boundary  line  of  said  City  of  Oakland  in  said  creek;  thence  along  said 
boundary  line  in  said  creek  to  the  intersection  of  said  boundary  line 
with  the  boundary  line  between  the  sixth  and  seventh  wards  of  said 
City  of  Oakland,  and  thence  along  said  last  mentioned  boundary  line 
to  the  place  of  beginning,  shall  constitute  the  Forty-eighth  Assembly 
District. 

49.  All  that  portion  of  the  County  of  Alameda  comprising  all  that 
portion  of  the  City  of  Oakland  lying  west  of  Adeline  Street,  and  all 
that  portion  of  the  County  of  Alameda,  being  a  portion  of  Oakland 
township,  lying  outside  of  said  City  of  Oakland,  bounded  as  follows: 
Commencing  at  the  intersection  of  the  northern  charter  line  of  the  City 
of  Oakland  with  the  dividing  line  between  Bay  and  Temescal  election 
precincts;  thence  northerly  along  said  dividing  line  to  where  it  inter- 
sects the  southerly  line  of  Berkeley  election  precinct;  thence  westerly 
along  said  line  of  Berkeley  election  precinct  to  the  dividing  line 
between  Berkeley  and  West  Berkeley  election  precincts;  thence  north- 
erly along  said  dividing  line  last  named  to  the  southerly  line  of  Ocean 
View  election  precinct;  thence  easterly  along  said  last  mentioned  line  to 
the  dividing  line  between  Alameda  and  Contra  Costa  counties;  thence 
northwesterly  and  westerly  along  said  Alameda  and  Contra  Costa 
boundary  line  of  Alameda  County  and  the  City  and  County  of  San 
Francisco;  thence  southerly  along  said  last  named  boundary  line  to  the 
said  northern  charter  line  of  the  City  of  Oakland;  thence  easterly 
along  said  last  named  line  to  the  point  of  beginning,  shall  constitute 
the  Forty-ninth  Assembly  District. 

50.  All  that  portion  of  the  County  of  Alameda  comprising  that  portion 
of  the  City  of  Oakland  bounded  as  follows:  Commencing  at  the  inter- 
section of  the  northern  boundary  line  of  said  city  with  Adeline  Street, 
continuing  thence  along  the  center  of  the  following  named  streets: 
Adeline  to  Twelfth,  Twelfth  to  Jefferson,  Jefferson  to  Tenth,  Tenth  to 
Broadway,  Broadway  to  Twentieth  or  Delger  Street,  and  thence  along 
the  continuation  of  said  Twentieth  Street  to  its  intersection  with  the 
old  charter  line  in  the  northwesterly  arm  of  Lake  Merritt;  thence  north- 
erly along  the  old  charter  line  following  the  meanderings  of  Cemetery 


POLITICAL    CODE.  151 

Creek  to  the  new  charter  line,  or  Logan  Street,  and  thence  to  the  place 
of  beginning,  shall  constitute  the  Fiftieth  Assembly  District. 

5i.  All  that  portion  of  the  County  of  Alameda  comprising  all  of 
Oakland  township  outside  the  City  of  Oakland  and  not  included  in  the 
Forty-ninth  Assembly  District,  also  that  portion  of  Alameda  County 
comprising  the  annexed  district  (so  called)  and  lying  east  of  the  old 
charter  line  of  the  City  of  Oakland,  as  said  line  follows  the  center  line 
of  Cemetery  Creek  and  into  the  northwesterly  arm  of  Lake  Merritt, 
north  of  said  charter  line  as  said  line  extends  into  the  northeasterly 
arm  of  Lake  Merritt,  and  north  and  east  of  the  dividing  line  between 
Oakland  and  Brooklyn  townships,  including  also  all  that  portion  of  the 
City  of  Oakland  bounded  as  follows:  Beginning  at  a  point  in  the  north- 
easterly arm  of  Lake  Merritt  where  the  old  charter  line  is  intersected  by 
Twentieth  Street  extended,  thence  along  the  center  line  of  the  following 
named  streets:  Twentieth  to  Broadway,  Broadway  to  Thirteenth, 
Thirteenth  to  its  point  of  intersection  with  the  line  dividing  Oakland 
and  Brooklyn  townships,  thence  southerly  along  said  line  to  its  inter- 
section with  the  charter  line  of  the  City  of  Oakland,  thence  easterly 
along  said  charter  line  to  its  intersection  with  the  said  charter  line  at 
Park  Street,  thence  northerly  along  said  charter  line  to  Millbury  Street; 
thence  along  said  street  and  its  extension  to  the  boundary  line  between 
Oakland  and  Brooklyn  townships;  thence  southwesterly  and  westerly 
along  the  old  charter  line  to  the  place  of  beginning,  comprising  all  the 
seventh  ward  and  a  portion  of  the  fifth  ward  of  the  City  of  Oakland, 
shall  constitute  the  Fifty-first  Assembly  District. 

52.  The  County  of  San  Mateo  shall  constitute  the  Fifty-second 
Assembly  District. 

53.  The  County  of  Santa  Cruz  shall  constitute  the  Fifty-third 
Assembly  District. 

54.  All  that  portion  of  the  County  of  Santa  Clara  comprising  the 
precincts  of  Agnews,  Campbells,  Jefferson,  the  town  of  Mountain  View, 
Moreland,  the  town  of  Mayfield,  the  fourth  ward  of  the  City  of  San 
Jose,  University,  Willow  Glen,  Cupertino,  and  the  town  of  Santa  Clara, 
shall  constitute  the  Fifty-fourth  Assembly  District. 

55.  All  that  portion  of  the  County  of  Santa  Clara  comprising  the 
first,  second,  and  third  wards  of  the  City  of  San  Jose,  and  the  precincts 
of  Hester  and  Crandalville,  shall  constitute  the  Fifty-fifth  Assembly 
District. 

56.  All  that  portion  of  the  County  of  Santa  Clara  not  included  in 
the  Fifty -fourth  and  Fifty-fifth  Assembly  Districts  shall  constitute  the 
Fifty-sixth  Assembly  District. 

57.  The  Counties  of  Stanislaus  and  Merced  shall  constitute  the  Fifty- 
seventh  Assembly  District. 


152  PROPOSED   AMENDMENTS   TO   THE 

58.  The  Counties  of  Tuolumne  and  Mariposa  shall  constitute  the 
Fifty-eighth  Assembly  District. 

59.  The  County  of  San  Benito  shall  constitute  the  Fifty-ninth 
Assembly  District. 

60.  The  Counties  of  Alpine,  Inyo,  and  Mono  shall  constitute  the 
Sixtieth  Assembly  District. 

61.  The  County  of  Monterey  shall  constitute  the  Sixty-first  Assembly 
District. 

62.  The  County  of  Madera  shall  constitute  the  Sixty-second  Assembly 
District. 

63.  The  County  of  Fresno  shall  constitute  the  Sixty-third  Assembly 
District. 

64.  The  County  of  Kings  shall  constitute  the  Sixty-fourth  Assembly 
District. 

65.  The  County  of  Tulare  shall  constitute  the  Sixty-fifth  Assembly 
District. 

66.  The  County  of  Kern  shall  constitute  the  Sixty-sixth  Assembly 
District. 

67.  The  County  of  San  Luis  Obispo  shall  constitute  the  Sixty-seventh 
Assembly  District. 

68.  The  County  of  Santa  Barbara  shall  constitute  the  Sixty-eighth 
Assembly  District. 

69.  The  County  of  Ventura  shall  constitute  the  Sixty-ninth  Assem- 
bly District.  > 

70.  All  that  portion  of  the  County  of  Los  Angeles  included  in  and 
comprising  the  following  election  precincts:  Lancaster,  Palmdale,  Llano, 
Acton,  Elizabeth  Lake,  La  Liebre  Esperanza,  Fairmount,  Langs,  New- 
hall,  Los  Virgines,  Calabassas,  San  Vicente,  National,  Electric,  Santa 
Monica,  Monte  Vista,  Cahuenga,  Santa  Susana,  Lankershim,  San  Fer- 
nando, Burbank,  Garvanza,  Glendale,  La  Canada,  Tejunga,  North 
Pasadena,  Pasadena  city  precincts  numbers  one,  two,  three,  four,  five, 
and  six,  shall  constitute  the  Seventieth  Assembly  District. 

71.  All  that  portion  of  the  County  of  Los  Angeles  included  in  and 
comprising  the  following  election  precincts:  Claremont,  Lordsburg, 
Spadra,  Pomona  city  precincts  numbers  one,  two,  three,  and  four, 
Azusa,  Glendora,  El  Monte,  Farmdale,  Old  Mission,  Monrovia,  Duarte, 
Lamanda,  Sierra  Madre,  San  Gabriel,  Alhambra,  Knolls,  South  Pasa- 
dena, Rowland,  Covina,  Los  Nietos,  Whittier,  and  Rivera,  shall  consti- 
tute the  Seventy-first  Assembly  District. 

72.  All  that  portion  of  the  County  of  Los  Angeles  included  in  and 
comprising  the  following  election  precincts:  San  Antonio,  Fruitland, 
Florence,  Vernon,  Downey,  Artesia,  Clearwater,  Norwalk,  Compton, 
Lugo,  Enterprise,  Redondo,  Long   Beach,  Cerritas,  Wilmington,  San 


POLITICAL   CODE.  153 

Pedro,  Catalina,  Chautauqua,  Ballona,  Centinelli,  La  Dow,  University, 
and  Rosedale,  shall  constitute  the  Seventy-second  Assembly  District. 

73.  All  that  portion  of  the  County  of  Los  Angeles  included  in  and 
comprising  the  following  election  precincts:  Los  Angeles  City  precincts, 
numbers  one,  two,  three,  four,  five,  six,  seven,  eight,  nine,  ten,  eleven, 
twelve,  thirteen,  fourteen,  fifteen,  sixteen,  seventeen,  and  eighteen,  shall 
constitute  the  Seventy-third  Assembly  District. 

74.  All  that  portion  of  the  County  of  Los  Angeles  included  in  and 
comprising  the  following  election  precincts:  Los  Angeles  City  precincts 
numbers  nineteen,  twenty,  twenty-one,  twenty-two,  twenty- three,  twenty- 
four,  twenty-five,  twenty-six,  twenty-seven,  twenty-eight,  twenty-nine, 
thirty,  and  thirty-one,  shall  constitute  the  Seventy-fourth  Assembly 
District. 

75.  All  that  portion  of  the  County  of  Los  Angeles  included  in  and 
comprising  the  following  election  precincts:  Los  Angeles  City  precincts 
numbers  thirty-two,  thirty-three,  thirty-four,  thirty-five,  thirty-six, 
thirty-seven,  thirty-eight,  thirty-nine,  forty,  forty-one,  forty-two,  forty- 
three,  forty-four,  forty-five,  forty-six,  and  forty-seven,  shall  constitute 
the  Seventy-fifth  Assembly  District. 

76.  The  County  of  Orange  shall  constitute  the  Seventy-sixth  Assem- 
bly District. 

77.  The  County  of  Riverside  shall  constitute  the  Seventy-seventh 
Assembly  District. 

78.  The  County  of  San  Bernardino  shall  constitute  the  Seventy- 
eighth  Assembly  District. 

79.  All  that  portion  of  San  Diego  County  situated  within  the  corporate 
limits  of  the  City  of  San  Diego  shall  constitute  the  Seventy-ninth 
Assembly  District. 

80.  All  that  portion  of  San  Diego  County  not  included  in  the  Seventy- 
ninth  Assembly  District  shall  constitute  the  Eightieth  Assembly  Dis- 
trict. 

At  the  general  election  in  the  year  eighteen  hundred  and  ninety-eight, 
and  every  two  years  thereafter,  a  member  of  the  Assembly  shall  be 
elected  in  each  of  said  hereinbefore  constituted  assembly  districts. 

Section  79.     A  new  section  to  be  added  to  read  as  follows: 
Senatorial  districts. 

Sec.  79.  This  State  is  hereby  divided  into  forty  senatorial  districts, 
constituted  as  follows: 

1.  The  Counties  of  Del  Norte  and  Humboldt  shall  constitute  the  First 
Senatorial  District. 

2.  The  Counties  of  Siskiyou,  Trinity,  Shasta,  Modoc,  and  Lassen  shall 
constitute  the  Second  Senatorial  District. 


154  PROPOSED    AMENDMENTS   TO   THE 

3.  The  Counties  of  Plumas,  Sierra,  and  Nevada  shall  constitute  the 
Third  Senatorial  District. 

4.  The  Counties  of  Tehama  and  Butte  shall  constitute  the  Fourth 
Senatorial  District. 

5.  The  Counties  of  El  Dorado  and  Placer  shall  constitute  the  Fifth 
Senatorial  District. 

6.  The  Counties  of  Yuba,  Sutter,  and  Yolo  shall  constitute  the  Sixth 
Senatorial  District. 

7.  The  Counties  of  Lake  and  Napa  shall  constitute  the  Seventh  Sena- 
torial District. 

8.  The  Counties  of  Mendocino,  Colusa,  and  Glenn  shall  constitute  the 
Eighth  Senatorial  District. 

9.  The  County  of  Solano  shall  constitute  the  Ninth  Senatorial 
District. 

10.  The  County  of  Sonoma  shall  constitute  the  Tenth  Senatorial 
District. 

11.  The  Counties  of  Contra  Costa  and  Marin  shall  constitute  the 
Eleventh  Senatorial  District. 

12.  The  Counties  of  Stanislaus,  Merced,  Tuolumne,  and  Mariposa 
shall  constitute  the  Twelfth  Senatorial  District. 

13.  The  County  of  Sacramento  shall  constitute  the  Thirteenth  Sena- 
torial District. 

14.  The  Counties  of  Alpine,  Amador,  Calaveras,  and  Mono  shall 
constitute  the  Fourteenth  Senatorial  District. 

15.  The  County  of  San  Joaquin  shall  constitute  the  Fifteenth  Sena- 
torial District. 

16.  The  Counties  of  Fresno  and  Madera  shall  constitute  the  Six- 
teenth Senatorial  District. 

17.  All  that  portion  of  the  City  and  County  of  San  Francisco 
comprised  within  the  boundaries  of  the  Twenty-eighth  and  Twenty- 
ninth  Assembly  Districts,  as  fixed  and  described  in  the  preceding 
section,  shall  constitute  the  Seventeenth  Senatorial  District. 

18.  All  that  portion  of  the  City  and  County  of  San  Francisco  com- 
prised within  the  boundaries  of  the  Thirtieth  and  Thirty-second  Assem- 
bly Districts,  as  fixed  and  described  in  the  preceding  section,  shall 
constitute  the  Eighteenth  Senatorial  District. 

19.  All  that  portion  of  the  City  and  County  of  San  Francisco 
comprised  within  the  boundaries  of  the  Thirty-third  and  Thirty-fifth 
Assembly  Districts,  as  fixed  and  described  in  the  preceding  section, 
shall  constitute  the  Nineteenth  Senatorial  District. 

20.  All  that  portion  of  the  City  and  County  of  San  Francisco  com- 
prised within  the  boundaries  of  the  Thirty-fourth  and  Thirty-sixth 
Assembly  Districts,  as  fixed  and  described  in  the  preceding  section, 
shall  constitute  the  Twentieth  Senatorial  District. 


POLITICAL    CODE.  155 

21.  All  that  portion  of  the  City" and  County  of  San  Francisco  com- 
prised within  the  boundaries  of  the  Thirty-seventh  and  Thirty-eighth 
Assembly  Districts,  as  fixed  and  described  in  the  preceding  section,  shall 
constitute  the  Twenty-first  Senatorial  District. 

22.  All  that  portion  of  the  City  and  County  of  San  Francisco  com- 
prised within  the  boundaries  of  the  Fortieth  and  Forty-first  Assembly 
Districts,  as  fixed  and  described  in  the  preceding  section,  shall  consti- 
tute the  Twenty-second  Senatorial  District. 

23.  All  that  portion  of  the  City  and  County  of  San  Francisco  com- 
prised within  the  boundaries  of  the  Thirty-first  and  Thirty-ninth 
Assembly  Districts,  as  fixed  and  described  in  the  preceding  section,  shall 
constitute  the  Twenty- third  Senatorial  District. 

24.  All  that  portion  of  the  City  and  County  of  San  Francisco  com- 
prised within  the  boundaries  of  the  Forty-second  and  Forty-third 
Assembly  Districts,  as  fixed  and  described  in  the  preceding  section, 
shall  constitute  the  Twenty-fourth  Senatorial  District. 

25.  All  that  portion  of  the  City  and  County  of  San  Francisco  com- 
prised within  the  boundaries  of  the  Forty-fourth  and  Forty-fifth  Assembly 
Districts,  as  fixed  and  described  in  the  preceding  section,  shall  constitute 
the  Twenty-fifth  Senatorial  District. 

26.  All  that  portion  of  the  County  of  Alameda  comprised  within  the 
boundaries  of  the  Forty-eighth  and  Forty-ninth  Assembly  Districts,  as 
fixed  and  described  in  the  preceding  section,  shall  constitute  the  Twenty- 
sixth  Senatorial  District. 

27.  All  that  portion  of  the  County  of  Alameda  comprised  within  the 
boundaries  of  the  Fiftieth  and  Fifty-first  Assembly  Districts,  as  fixed 
and  described  in  the  preceding  section,  shall  constitute  the  Twenty- 
seventh  Senatorial  District. 

28.  All  that  portion  of  the  County  of  Alameda  comprised  within  the 
Forty-sixth  and  Forty-seventh  Assembly  Districts,  as  fixed  and  described 
in  the  preceding  section,  shall  constitute  the  Twenty-eighth  Senatorial 
District. 

29.  The  Counties  of  San  Mateo  and  Santa  Cruz  shall  constitute  the 
Twenty-ninth  Senatorial  District. 

30.  All  that  portion  of  Santa  Clara  County  not  included  in  the  Thirty- 
first  Senatorial  District  shall  constitute  the  Thirtieth  Senatorial  Dis- 
trict. 

31.  All  that  portion  of  Santa  Clara  County  comprising  the  townships 
of  Redwood,  Almaden,  Gilroy,  and  Burnett,  and  the  third  ward  in  the 
City  of  San  Jose,  and  all  of  the  township  of  San  Jose  outside  of  the 
City  of  San  Jose,  except  the  precincts  of  Berryessa  and  Orchard,  as  now 
constituted,  shall  constitute  the  Thirty-first  Senatorial  District. 

32.  The  Counties  of  Inyo,  Tulare,  and  Kings  shall  constitute  the 
Thirty-second  Senatorial  District. 


156  PROPOSED   AMENDMENTS   TO   THE 

33.  The  Counties  of  San  Benito  %nd  Monterey  shall  constitute  the 
Thirty-third  Senatorial  District. 

34.  The  Counties  of  San  Luis  Obispo  and  Kern  shall  constitute  the 
Thirty-fourth  Senatorial  District. 

35.  The  Counties  of  Santa  Barbara  and  Ventura  shall  constitute  the 
Thirty-fifth  Senatorial  District. 

36.  All  that  portion  of  the  County  of  Los  Angeles  included  in  and 
comprising  the  following  townships  and  election  precincts:  Antelope, 
Fairmount,  Soledad,  Los  Angeles,  Pasadena,  South  Pasadena,  El  Monte, 
and  San  Gabriel  townships,  and  all  that  part  of  the  City  of  Los  Angeles 
included  in  and  comprising  the  following  election  precincts:  Numbers 
one,  two,  three,  four,  five,  six,  seven,  eight,  nine,  ten,  eleven,  twelve, 
thirteen,  fourteen,  fifteen,  sixteen,  seventeen,  and  eighteen,  shall  con- 
stitute the  Thirty-sixth  Senatorial  District. 

37.  All  that  portion  of.  the  County  of  Los  Angeles  included  in  and 
comprising  the  following  election  precincts:  All  that  portion  of  the  City 
of  Los  Angeles  included  in  and  comprising  the  following  election  pre- 
cincts: Nineteen,  twenty,  twenty-one,  twenty-two,  twenty -three,  twenty- 
four,  twenty-five,  twenty-six,  twenty-seven,  twenty-eight,  twenty-nine, 
thirty,  thirty-one,  thirty-two,  thirty-three,  thirty-four,  thirty-five, 
thirty-six, 'thirty-seven,  thirty-eight,  thirty-nine,  forty,  forty-one,  forty- 
two,  forty-three,  forty-four,  forty-five,  forty-six,  and  forty-seven,  shall 
constitute  the  Thirty-seventh  Senatorial  District. 

38.  All  that  portion  of  the  County  of  Los  Angeles  included  in  and 
comprising  the  following  townships:  San  Jose,  Azusa,  Rowland,  Los 
Nietos,  San  Antonio,  Downey,  Long  Beach,  Wilmington,  Catalina,  Chau- 
tauqua, Santa  Monica,  Calabassas,  San  Fernando,  Compton,  Ballona, 
and  Cahuenga,  shall  constitute  the  Thirty-eighth  Senatorial  District. 

39.  The  Counties  of  San  Bernardino,  Orange,  and  Riverside  shall 
constitute  the  Thirty-ninth  Senatorial  District. 

40.  The  County  of  San  Diego  shall  constitute  the  Fortieth  Senatorial 
District. 

At  the  general  election  in  the  year  eighteen  hundred  and  ninety-eight 
there  shall  be  elected  twenty  Senators  from  the  above  named  and  con- 
stituted even-numbered  districts,  who  shall  hold  office  for  four  years. 
Twenty  Senators  shall  be  elected  from  said  even-numbered  districts 
every  four  years  thereafter.  The  Senators  elected  at  the  general  election 
in  the  year  eighteen  hundred  and  ninety-six  in  the  odd-numbered  dis- 
tricts, fixed  by  the  apportionment  act  of  the  Legislature,  approved 
March  eleventh,  eighteen  hundred  and  ninety-one,  shall  continue  in 
office  for  four  years  from  and  after  twelve  o'clock  noon  on  the  first 
Monday  after  the  v  first  day  of  January,  eighteen  hundred  and  ninety- 
seven.  At  the  general  election  in  the  year  nineteen  hundred,  twenty 
Senators  shall  be  elected  from  the  hereinbefore  named  and  constituted 


POLITICAL   CODE.  157 

odd- numbered  districts,  who  shall  hold  office  for  four  years.  And  every 
four  years  thereafter  twenty  Senators  shall  be  elected  from  said  herein- 
before constituted  odd-numbered  districts. 

Neither  Boards  of  Supervisors,  municipal  authorities,  nor  any  other 
officer  or  officers,  shall  have  the  power  to  alter  the  boundaries  of  any 
township,  ward,  election  precinct,  or  other  local  subdivision,  of  any 
county,  city,  city  and  county,  or  town,  so  as  to  change  the  boundaries 
of  any  senatorial  or  assembly  district  as  constituted  and  defined  herein, 
or  in  the  preceding  section. 

CHAPTER   III. 

CONGRESSIONAL   DISTRICTS. 

Section  80.     A  new  section  to  be  added  to  read  as  follows: 

Congressional  districts. 

Sec.  80.  For  the  purpose  of  electing  Representatives  in  Congress, 
this  State  is  hereby  divided  into  seven  congressional  districts,  as  follows: 

1.  The  Counties  of  Del  Norte,  Siskiyou,  Modoc,  Humboldt,  Trinity, 
Shasta,  Lassen,  Tehama,  Plumas,  Sierra,  Mendocino,  Sonoma,  Napa, 
and  Marin  shall  comprise  the  First  Congressional  District. 

2.  The  Counties  of  Butte,  Sutter,  Yuba,  Nevada,  Placer,  El  Dorado, 
Amador,  Calaveras,  Mono,  Inyo,  Alpine,  Tuolumne,  Mariposa,  San 
Joaquin,  and  Sacramento  shall  comprise  the  Second  Congressional 
District. 

3.  The  Counties  of  Colusa,  Glenn,  Yolo,  Lake,  Solano,  Contra  Costa, 
and  Alameda  shall  comprise  the  Third  Congressional  District. 

4.  All  that  portion  of  the  City  and  County  of  San  Francisco  bounded 
as  follows:  Commencing  at  a  point  of  intersection  of  the  center  of 
Leavenworth  Street  and  the  Bay  of  San  Francisco,  continuing  thence 
along  the  center  of  the  following  named  streets:  Leavenworth  to 
Broadway,  Broadway  to  Hyde,  Hyde  to  Sacramento,  Sacramento  to 
Van  Ness  Avenue,  Van  Ness  Avenue  to  Market,  Market  to  Eleventh, 
Eleventh  to  Harrison,  Harrison  to  junction  of  Napa  and  Twentieth; 
thence  along  Twentieth  to  Howard,  Howard  to  Army,  Army  to  Precita 
Avenue,  Precita  Avenue  to  Colusa,  Colusa  to  San  Bruno  Road  or 
Avenue;  thence  along  San  Bruno  Road  or  Avenue  to  the  boundary  line 
dividing  the  counties  of  San  Mateo  and  San  Francisco;  thence  along 
said  boundary  line  to  the  Bay  of  San  Francisco;  thence  along  the  shore 
of  said  bay  to  Leavenworth  Street,  the  place  of  beginning,  with  all  the 
islands  in  the  Bay  of  San  Francisco  within  the  boundaries  of  the  City 
and  County  of  San  Francisco,  shall  comprise  the  Fourth  Congressional 
District. 

5.  All  that  portion  of  the  City  and  County  of  San   Francisco  not 


158  PROPOSED   AMENDMENTS    TO   THE 

included  in  the  Fourth  Congressional  District,  with  the  islands  known 
as  the  Farallon  Islands,  together  with  the  counties  of  San  Mateo  and 
Santa  Clara,  shall  comprise  the  Fifth  Congressional  District. 

6.  The  Counties  of  Santa  Cruz,  Monterey,  San  Luis  Obispo,  Santa 
Barbara,  Ventura,  and  Los  Angeles  shall  comprise  the  Sixth  Con- 
gressional District. 

7.  The  Counties  of  Stanislaus,  Merced,  San  Benito,  Fresno,  Madera, 
Tulare,  Kings,  Kern,  San  Bernardino,  Riverside,  Orange,  and  San 
Diego  shall  comprise  the  Seventh  Congressional  District. 

TITLE   III. 

LEGAL   DISTANCES    IN    THE    STATE. 

Section  150.     To  be  amended  to  read  as  follows: 

Sec.  150.  The  legal  distance  in  this  State  from  one  place  to  another 
is  the  actual  distance  from  the  county  seat  of  the  county  wherein  the  first 
place  is  located,  along  the  route  of  the  most  direct  line  of  public  trans- 
portation, to  the  latter  place,  or  place  of  destination.  Where  mileage 
is  collected  in  this  State,  it  shall  be  computed  upon  this  basis. 

Sections  151,  152,  153,  154,  155,  156,  157,  158,  159,  160,  161,  162, 
163,  164,  165,  166,  167,  168,  169,  170,  171,  172,  173,  174,  175,  176,  177, 
178,  179,  180,  181,  182,  183,  184,  185,  186,  187,  188,  189,  190,  191,  192, 
193,  194,  195,  196,  197,  198, 199,  200,  201,  202,  and  203  to  be  repealed. 

Note.— The  end  sought  to  be  attained  by  these  sections  will  be  better  subserved 
by  the  elastic  general  provisions  of  Section  150. 

ARTICLE  II. 
MEETING    AND    ORGANIZATION   OF   THE   LEGISLATURE. 

Section  237.     To  be  amended  to  read  as  follows: 

Sec.  237.  The  Secretary  of  the  Senate,  the  Clerk  of  the  Assembly,  the 
Minute  Clerk,  and  the  Sergeant-at-Arms  of  each  house,  shall,  at  the  next 
succeeding  session  of  the  Legislature,  perform  the  duties  of  their  office 
until  their  successors  are  elected  and  qualified;  and  the  employment  of 
all  other  officers  and  employes  of  any  session  shall  terminate  with  the 
termination  of  the  session  at  which  they  were  appointed. 
Note.— See  note  to  Section  268. 


POLITICAL   CODE.  159 

ARTICLE  III. 

NUMBER,    DESIGNATION,    ELECTION,   AND   APPOINTMENT    OF    OFFICERS    AND 
EMPLOYES    OF    THE    LEGISLATURE. 

Section  245.     To  be  amended  to  read  as  follows: 

Sec.  245.  The  officers  and  employes  of  the  Senate  shall  consist  of  a 
President,  President  pro  tern.,  a  Secretary,  three  Assistant  Secretaries 
(who  shall  be  appointed  b}'  the  Secretary,  by  and  with  the  advice  and 
consent  of  the  Senate),  one  Sergeant-at-Arms,  one  Assistant  Sergeant-at- 
Arms,  one  Bookkeeper  for  the  Sergeant-at-Arms  (who  shall  be  appointed 
by  the  Sergeant-at-Arms,  by  and  with  the  advice  and  consent  of  the 
Senate),  one  Minute  Clerk,  two  Assistant  Minute  Clerks,  one  Journal 
Clerk,  one  Assistant  Journal  Clerk,  one  Engrossing  and  Enrolling 
Clerk,  one  Assistant  Engrossing  and  Enrolling  Clerk  (to  be  elected 
when  the  Engrossing  and  Enrolling  Clerk  is  elected),  two  Assistant 
Engrossing  and  Enrolling  Clerks  (to  be  elected  on  the  thirtieth  day 
of  the  session),  a  Chaplain,  one  Postmistress,  one  Assistant  Postmistress, 
one  Mail  Carrier  (who  shall  be  Mailing  and  Folding  Clerk),  one  Page  to 
the  President  of  the  Senate,  four  Pages,  four  Porters  (one  of  whom  shall 
have  charge  of  the  cloak-room),  four  Watchmen,  three  Gatekeepers,  one 
Doorkeeper,  one  Messenger  to  the  Printer,  one  History  Clerk,  one  Bill 
Clerk,  one  Assistant  Bill  Clerk,  ten  committee  clerks,  five  skilled  stenog- 
raphers (who  shall  be  at  the  service  of  the  Senate  and  its  committees, 
and  under  the  supervision  of  the  Secretary  of  the  Senate),  ten  commit- 
tee messengers  (who  shall  be  committee  sergeants-at-arms);  and  no 
other  officers,  employes,  or  attaches,  excepting  that  the  Secretary  may 
employ,  at  any  time,  temporary  employes,  with  the  consent  of  four  fifths 
of  the  members  elected  to  the  Senate. 
Note.— See  note  to  Section  268. 

Section  246.     To  be  amended  to  read  as  follows: 

Sec.  246.  The  officers  and  employes  of  the  Assembly  shall  consist  of 
a  Speaker,  Speaker  pro  tern.,  one  Chief  Clerk,  three  Assistant  Clerks 
(who  shall  be  appointed  by  the  Chief  Clerk,  by  and  with  advice  and 
consent  of  the  Assembly),  one  Sergeant-at-Arms,  one  Assistant  Sergeant- 
at-Arms,  one  Bookkeeper  to  the  Sergeant-at-Arms  (who  shall  be 
appointed  by  the  Sergeant-at-Arms,  by  and  with  the  advice  and  consent 
of  the  Assembly),  one  Minute  Clerk,  three  Assistant  Minute  Clerks,  one 
Journal  Clerk,  one  Assistant  Journal  Clerk,  one  Engrossing  and  Enroll- 
ing Clerk,  one  Assistant  Engrossing  and  Enrolling  Clerk  (to  be  elected 
when  the  Engrossing  and  Enrolling  Clerk  is  elected),  two  Assistant 
Engrossing  and  Enrolling  Clerks  (to  be  elected  on  the  thirtieth  day  of 
each  session),  a  Chaplain,  one  Postmistress,  one  Assistant  Postmistress, 


160  PROPOSED   AMENDMENTS   TO   THE 

one  Mail  Carrier  (who  shall  be  Mailing  and  Folding  Clerk),  one  Page  to 
the  Speaker,  six  Pages,  four  Porters  (one  of  whom  shall  have  charge  of 
the  cloak-room),  four  Watchmen,  four  Gatekeepers,  one  Messenger  to 
the  Printer,  one  History  Clerk,  one  Bill  Clerk,  two  Assistant  Bill  Clerks, 
twelve  committee  clerks,  six  skilled  stenographers  (who  shall  be  at  the 
service  of  the  Assembly  and  its  committees,  and  under  the  supervision 
of  the  Clerk),  twelve  committee  messengers  (who  shall  be  committee 
sergeants-at-arms);  and  no  other  officers,  employes,  or  attaches  are  to 
be  employed,  excepting  that  the  Clerk  may  employ,  at  any  time,  tempo- 
rary employes,  with  the  consent  of  four  fifths  of  the  members  elected  to 
the  Assembly. 

Note.— See  note  to  Section  268. 

ARTICLE  V. 
COMPENSATION  OP  MEMBERS,  OFFICERS,  AND  EMPLOYES  OF  THE    LEGISLATURE. 

Section  268.     To  be  amended  to  read  as  follows: 

Sec.  268.  There  shall  be  paid  to  the  officers  and  employes  of  the 
Senate  the  following  salaries:  To  the  Secretary,  Sergeant-at-Arms, 
Minute  Clerk,  Journal  Clerk,  Engrossing  and  Enrolling  Clerk,  each 
eight  dollars  per  day;  to  Assistant  Secretaries,  Assistant  Clerks,  Assist- 
ant Sergeants-at-Arms,  Bookkeepers  to  the  Sergeant-at-Arms,  one 
History  Clerk,  each  six  dollars  per  day;  to  the  Chaplain  and  stenog- 
raphers, each  five  dollars  per  day;  to  the  Bill  Clerks,  Committee  Clerks 
(except  that  one  Clerk  of  the  Judiciary  Committee,  and  one  Clerk  of 
the  Finance  Committee  shall  receive  each,  six  dollars  per  day),  Post- 
mistress, Assistant  Postmistress,  each  four  dollars  per  day;  to  the  Mail 
Carrier,  Committee  Messengers,  Porters,  Watchmen,  Gatekeepers,  Door- 
keepers, Messenger  to  the  Printer,  each  three  dollars  per  day;  to  each 
Page,  two  dollars  and  fifty  cents  per  day. 

There  must  be  paid  to  the  officers  and  employes  of  the  Assembly  the 
following  salaries:  To  the  Chief  Clerk,  Sergeant-at-Arms,  Minute  Clerk, 
Journal  Clerk,  Engrossing  and  Enrolling  Clerk,  each  eight  dollars  per 
day;  to  the  History  Clerk,  the  Assistant  Clerk,  Assistant  Sergeants-at- 
Arms,  Bookkeepers  to  Sergeant-at-Arms,  Assistant  Minute  Clerks, 
Assistant  Journal  Clerks,  Assistant  Engrossing  and  Enrolling  Clerks, 
each  six  dollars  per  day;  to  the  Chaplain  and  stenographers,  each  five 
dollars  per  day;  to  the  Committee  Clerks  (except  that  the  Clerk  of  the 
Ways  and  Means  Committee  and  of  the  Appropriation  Committee  of 
the  Assembly  shall  receive  six  dollars  per  day),  Bill  Clerks,  Postmis- 
tress, Assistant  Postmistress,  each  four  dollars  per  day;  to  the  Mail 
Carrier,  Committee  Messengers,  Porters,  Watchmen,  Gatekeepers,  Mes- 


POLITICAL   CODE.  161 

senger  to  the  Printer,  each  three  dollars  per  day;  to  each  Page,  two  dol- 
lars and  fifty  cents  per  day. 

And  no  officer  or  employe  of  the  Senate  or  Assembly,  whose  per  diem 
is  not  hereinbefore  fixed,  shall  receive  a  per  diem  exceeding  the  sum  of 
five  dollars. 

Note. — A  special  committee  appointed  at  the  last  session  of  the  Legislature  pre- 
pared and  reported  the  above  sections  as  herein  reported.  The  bill  passed  both 
houses,  but  failed  of  enactment  because  of  certain  objections  by  the  Governor. 
The  Governor  referred  the  bill  to  this  Commission  for  such  changes  as  have  been 
made  in  Section  237,  in  which  amended  form  we  now  present  it  without  recom- 
mendation. 

ARTICLE  XI. 

Section  329.     To  be  amended  to  read  as  follows: 

Sec.  329.  The  repeal  of  any  law  creating  a  criminal  offense,  or  pro- 
viding for  the  punishment  thereof,  does  not  constitute  a  bar  to  the 
indictment  or  information  and  punishment  of  an  act  already  com- 
mitted in  violation  of  the  law  so  repealed,  unless  the  intention  to  bar 
such  indictment  or  information  and  punishment  is  expressly  declared 
in  the  repealing  act. 

Note.— The  amendment  consists  in  inserting  the  words,  "  or  providing  for  the 
punishment  thereof,"  after  the  word  offense  in  the  first  line. 

ARTICLE  XII. 
PUBLIC    REPORTS. 

Section  333.     To  be  amended  to  read  as  follows: 

Sec.  333.  The  Governor  shall,  upon  receipt  of  such  reports,  transmit 
the  same  to  the  Superintendent  of  State  Printing,  who  shall  print  the 
whole  or  such  part  of  such  reports,  and  such  number  of  such  whole  or 
part,  as  he  may  deem  necessary  and  proper;  provided,  that  if  he  does 
not  print  the  whole  of  such  report,  or  the  number  of  copies  of  such 
report  requested  by  the  person,  board,  or  officer  making  such  report,  he 
shall  notify  such  person,  board,  or  officer,  in  writing,  of  the  part  of  such 
report  which  he  does  not  intend  to  print,  and  if  he  intends  printing  a 
less  number  of  copies  than  requested,  of  what  number  he  intends  print- 
ing. Such  person,  board,  or  officer,  if  dissatisfied  with  such  decision, 
shall  immediately  appeal  to  the  State  Board  of  Examiners,  who  shall 
consider  the  question,  and  determine  if  the  whole  of  such  report  should 
be  printed,  or  how  much,  and  how  many  copies.  They  shall  thereupon 
notify  the  Superintendent  of  State  Printing  of  such  decision,  and  he 
shall  comply  therewith.  The  Superintendent  of  State  Printing  must 
print  such  reports  before  the  first  Monday  in  December  next  after  the 
receipt  thereof,  except  the  report  of  the  State  Controller,  which  shall  be 
printed  before  the  fifteenth  day  of  January  after  the  receipt  thereof; 
11— c 


162  PROPOSED   AMENDMENTS    TO   THE 

vrovided,  that  in  no  case  shall  a  less  number  of  copies  of  such  reports 
be  printed  than  is  necessary  to  furnish  at  least  ten  copies  to  the  officers, 
boards,  commissions,  trustees,  regents,  or  directors  making  such  report. 

Section  334.     To  be  repealed. 

Note.— The  provisions  of  this  section  are  incorporated  in  Section  333,  which 
section  has  been  amended  to  harmonize  with  Section  531  of  this  Code. 


ARTICLE  I. 
CLASSIFICATION,    NUMBER,    AND   DESIGNATION    OF    EXECUTIVE    OFFICERS. 

Section  343.     To  be  amended  to  read  as  follows: 

Sec.  343.  Civil  executive  officers  in  this  State  are  such  as  are  pro- 
vided for  in,  or  designated  as  such  by,  the  constitution,  or  by  any  act 
of  the  Legislature. 

Note.— This  amendment  is  suggested  because  there  appears  no  good  reason  why 
all  civil  executive  officers  should  be  enumerated  in  this  section,  and  to  prevent  the 
constant  amendment  of  this  section  by  additions  to  or  withdrawals  from  our  civil 
service. 

ARTICLE  II. 

THE    MODE    OF    ELECTION   OR   APPOINTMENT   AND   TERM    OF    OFFICE    OF   CIVIL 

EXECUTIVE    OFFICERS. 

Section  349.     To  be  amended  to  read  as  follows: 

Sec.  349.  The  Superintendent  of  State  Printing  shall  be  elected  at 
the  same  time  and  place  and  in  the  same  manner  as  the  Governor  of 
the  State,  and  his  term  of  office  and  qualifications  shall  also  be  the 
same. 

Note.— Amended  to  conform  to  Section  530  of  this  Code. 

Section  352.     To  be  amended  to  read  as  follows: 
Sec.  352.     The   State   Board   of  Equalization   shall    consist   of  five 
members,  as  follows: 

1.  The  Controller,  who  is  ex  officio  a  member  of  said  board; 

2.  One  member  to  be  elected  from  the  first  district,  comprising  the 
City  and  County  of  San  Francisco; 

3.  One  member  to  be  elected  from  the  second  district,  comprising  the 
Counties  of  Contra  Costa,  Alameda,  San  Joaquin,  Calaveras,  Amador, 
El  Dorado,  Sacramento,  Placer,  Nevada,  Alpine,  and  Tuolumne: 

4.  One  member  to  be  elected  from  the  third  district,  comprising  the 
Counties  of  Marin,  Sonoma,  Napa,  Lake,  Solano,  Yolo,  Sutter,  Yuba, 
Sierra,  Butte,  Plumas,  Lassen,  Tehama,  Colusa,  Glenn,  Mendocino, 
Humboldt,  Trinity,  Shasta,  Siskiyou,  Modoc,  and  Del  Norte; 

5.  One  member  from  the  fourth  district,  comprising  the  Counties  of 


POLITICAL   CODE.  163 

San  Diego,  Los  Angeles,  Orange,  San  Bernardino,  Riverside,  Santa 
Barbara,  Ventura,  San  Luis  Obispo,  Tulare,  Kings,  Monterey,  San 
Benito,  Fresno,  Madera,  Kern,  Merced,  Mariposa,  Stanislaus,  Santa 
Clara,  Santa  Cruz,  San  Mateo,  Mono  and  Inyo. 

Tbeir  term  of  office  shall  be  four  years,  commencing  on  the  first  Mon- 
day after  the  first  day  of  January  following  their  election. 

Note. — This  amendment  was  made  that  the  section  might  conform  to  Section 
9,  Article  XIII,  of  the  Constitution,  and  on  its  face  correctly  express  the  number 
of  members  of  the  Board  of  Equalization. 

Section  354.     To  be  amended  to  read  as  follows: 

Sec.  354.  The  normal  schools  at  San  Jose,  at  Los  Angeles,  and  at 
Chico,  and  any  normal  school  established  by  the  Legislature  of  the  State 
of  California,  after  the  first  day  of  January,  eighteen  hundred  and 
ninety-seven,  shall  be  known  as  state  normal  schools,  and  shall  each 
have  a  board  of  trustees,  constituted  as  follows:  The  Governor  and 
Superintendent  of  Public  Instruction  shall  be  ex  officio  members  of  each 
board,  and  the  president  of  each  school  shall  be  ex  officio  a  member  of 
the  local  board  of  the  school  with  which  he  is  connected.  There  shall 
also  be  four  other  members  of  the  local  board  for  each  normal  school, 
whose  terms  of  office  shall  be  four  years  and  who  shall  be  appointed  by 
the  Governor.  It  shall  be  the  duty  of  the  Governor,  on  or  before  the 
first  day  of  July,  eighteen  hundred  and  ninety-seven,  to  appoint  four 
trustees  as  members  of  each  of  the  local  boards,  one  to  serve  for  one 
year,  one  for  two  years,  one  for  three  years,  and  one  for  four  years,  and 
thereafter  to  fill  vacancies  in  such  board,  the  terms  of  service  thereafter 
to  be  for  four  years,  and  to  begin  July  first  of  each  fourth  year. 

Section  361.     To  be  repealed. 

Note.— The  board  of  health  provided  for  by  this  section,  and  Sections  3042  to 
3049,  has  been  dispensed  with  and  superseded  by  a  board  of  health  provided  for 
in  the  charter  of  the  city.  Approved  February  7, 1893.  (See  Stats.  1893,  pp.  545, 
598.) 

Section  364.     To  be  amended  to  read  as  follows: 

Sec.  364.  The  Board  of  Examiners  shall  consist  of  the  Governor, 
the  Secretary  of  State,  the  Attorney-General,  or  in  his  absence  the 
Assistant  Attorney-General.  The  secretary  of  the  board  shall  be  ex 
officio  member  of  the  board,  to  act  only  when  but  one  other  member  of 
the  board  is  present. 

Note.— The  amendment  consists  in  providing  for  the  qualifications  of  the 
Assistant  Attorney-General,  as  provided  for  in  Section  472. 

Section  367.     To  be  amended  to  read  as  follows: 

Sec.  367.  The  Board  of  State  Prison  Directors  are  appointed  and 
hold  their  offices  as  prescribed  in  the  constitution  and  the  special 
statute  creating  the  board. 


164  PROPOSED   AMENDMENTS   TO   THE 

Section  368.     To  be  amended  to  read  as  follows: 
Sec.  368.     The  following  executive    officers   are   appointed   by    the 
Governor  with  the  consent  of  the  Senate: 

1.  The  trustees  of  the  state  burying-ground;  the  trustees  of  the  asylum 
for  the  deaf,  dumb,  and  blind;  the  trustees  of  the  California  home  for 
the  care  and  training  of  feeble-minded  children;  harbor  commissioners 
for  the  Bay  of  San  Diego;  a  board  of  state  harbor  commissioners  for  the 
Bay  of  San  Francisco;  members  of  the  state  board  of  health;  directors 
of  the  insane  asylum  at  Stockton;  the  insurance  commissioner;  the 
port  wardens;  directors  of  the  state  prisons;  trustees  of  the  state  reform 
school  for  juvenile  offenders;  the  regents  of  the  state  university.  These 
officers  hold  their  office  for  the  term  of  four  years,  except  the  directors 
of  the  state  prisons,  whose  term  shall  be  ten  years; 

2.  The  fish  commissioners,  the  pilot  commissioners,  the  pilots  for 
each  harbor  where  there  is  not  a  board  of  pilot  commissioners.  These 
officers  hold  office  during  the  Governor's  pleasure. 

Note. — The  amendment  consists  in  dropping  from  the  list  such  offices  as  have 
been  abolished,  and  including  such  offices  as  have  been  provided  for  by  later 
enactment.  The  term  of  trustees  of  state  burying-ground  is  extended  to  four 
years. 

Section  369.  To  be  repealed,  as  its  purpose  is  served  by  the  pre- 
ceding section. 

ARTICLE  V. 

OF   THE   SECRETARY    OF    STATE. 

Section  408.     To  be  amended  to  read  as  follows: 
Sec.  408.     In  addition  to  the  duties  prescribed  by  the  constitution,  it 
is  the  duty  of  the  Secretary  of  State: 

1.  To  attend  at  every  session  of  the  Legislature,  for  the  purpose  of 
receiving  bills  and  resolutions  thereof,  and  to  perform  such  other  duties 
as  may  be  devolved  upon  him  by  resolution  of  the  two  nouses,  or  either 
of  them; 

2.  To  keep  a  register  of  and  attest  the  official  acts  of  the  Governor; 

3.  To  affix  the  great  seal,  with  his  attestation,  to  commissions,  par- 
dons, and  other  public  instruments  to  which  the  official  signature  of  the 
Governor  is  required; 

4.  To  record,  in  proper  books,  all  conveyances  made  to  the  State,  and 
all  articles  of  incorporation  filed  in  his  office;  and  to  file  in  his  office 
all  documents  required  or  directed  by  law  to  be  filed  therein,  upon 
receipt  of  the  fees  allowed  by  law  for  such  filing; 

5.  To  receive,  and  record  in  proper  books,  the  official  bonds  of  all  the 
officers  whose  bonds  are  fixed  by  part  three  of  this  Code,  and  then  deliver 
the  originals  to  the  State  Treasurer; 


POLITICAL    CODE.  165 

6.  To  record,  in  a  proper  book,  all  changes  of  names  certified  to  him 
by  the  County  Clerks,  in  the  manner  in  which  such  record  is  now  made; 

7.  To  take  and  file  in  his  office  receipts  for  all  books  distributed  by 
him,  and  to  direct  the  County  Clerk  of  each  county  to  do  the  same; 

8.  To  certify  to  the  Governor  the  names  of  those  persons  who  have 
received  at  any  election  the  highest  number  of  votes  for  any  office,  the 
incumbent  of  which  is  commissioned  by  the  Governor; 

9.  To  furnish,  on  demand,  to  any  person  paying  the  fees  therefor,  a 
certified  copy  of  all  or  any  part  of  any  law  record,  or  other  instrument, 
filed,  deposited,  or  recorded  in  his  office; 

10.  To  notify,  in  writing,  the  District  Attorney  of  the  proper  county 
of  the  failure  of  any  officer  in  his  county  to  file  in  his  office  his  sworn 
statement  of  fees  received  by  such  officer; 

11.  To  present  to  the  Legislature,  at  the  commencement  of  each 
session  thereof,  a  full  account  of  all  purchases  made  and  expenses 
incurred  by  him  in  furnishing  fuel,  lights,  and  stationery; 

12.  To  keep  a  fee-book,  in  which  must  be  entered  all  fees,  commissions, 
and  compensation  of  whatever  nature  or  kind  by  him  earned,  collected, 
or  charged,  with  the  date,  name  of  payer,  paid  or  not  paid,  and  the 
nature  of  the  service  in  each  case,  which  book  must  be  verified  annually 
by  his  affidavit  entered  therein; 

13.  To  file  in  his  office  descriptions  of  seals  in  use  by  the  different 
state  officers,  and  furnish  such  officers  with  new  seals  whenever  required. 

14.  To  discharge  the  duties  of  member  of  the  State  Board  of  Exam- 
iners, State  Capitol  Commissioner,  State  Sealer  of  Weights  and  Measures, 
and  all  other  duties  required  of  him  by  law; 

15.  To  report  to  the  Governor,  at  the  time  prescribed  in  section  three 
hundred  and  thirty-two  of  this  Code,  a  detailed  account  of  all  his  official 
actions  since  his  previous  reports,  and  accompanying  the  report  with  a 
detailed  statement,  under  oath,  of  the  manner  in  which  all  appropria- 
tions for  his  office  have  been  expended; 

16.  He  must  distribute  of  the  bound  volumes  of  the  decisions  of  the 
Supreme  Court  as  soon  as  he  receives  them: 

(1)  To  each  State,  one  copy; 

(2)  To  the  library  of  Congress,  the  State  library,  and  the  Supreme 
Court  library,  two  copies  each; 

(3)  To  each  department  of  this  State,  and  to  each  of  the  United 
States  district  judges  for  this  State,  justices  of  the  Supreme  Court,  and 
judges  of  the  Superior  Courts,  one  copy; 

(4)  To  each  District  Attorney  and  County  Clerk,  one  copy; 

(5)  To  the  reporter  of  the  decisions,  ten  copies. 

Section  415.     To  be  repealed. 

Note.— No  further  necessity  exists  in  this  State  for  a  Spanish  edition  of  our 
Statutes,  while  Article  IV,  Section  24,  of  the  Constitution,  provides  that  the  laws 
shall  be  published  in  no  other  than  the  English  language. 


166  PROPOSED   AMENDMENTS   TO   THE 

Section  416.     To  be  amended  to  read  as  follows: 

Sec.  416.  The  Secretary  of  State,  for  services  performed  in  his  office, 
must  charge  and  collect  the  following  fees: 

For  filing  a  certified  copy  of  original  or  amended  articles  of  incor- 
poration of  any  railroad,  telegraph,  or  telephone  company,  twenty 
dollars; 

For  filing  a  certified  copy  of  original-  or  amended  articles  of  incor- 
poration of  any  company  not  hereinbefore  in  this  section  mentioned, 
five  dollars; 

For  filing  a  certified  copy  of  any  certificate  of  the  increase  or  decrease 
of  the  capital  stock  of  a  corporation,  ten  dollars; 

For  filing  a  certified  copy  of  any  certificate  creating  or  increasing  the 
funded  indebtedness  of  any  corporation,  ten  dollars; 

For  filing  any  document  relative  to  a  corporation,  directed  or  required 
by  law  to  be  filed,  not  hereinbefore  in  this  section  mentioned,  five  dollars; 

For  furnishing  a  copy  of  any  document  on  file  in  his  office,  fifteen 
cents  per  folio; 

For  certifying  a  copy  of  any  document  on  file  in  his  office,  five  cents 
per  folio; 

For  affixing  the  great  seal  of  the  State,  two  dollars; 

For  recording  any  official  bond,  five  dollars; 

For  each  commission  or  passport,  signed  by  the  Governor  and  attested 
by  the  Secretary  of  State,  except  pardons,  military  commissions,  and 
extradition  papers,  five  dollars; 

For  each  patent  for  land  issued  by  the  Governor,  if  for  one  hundred 
and  sixty  acres  or  less,  one  dollar;  and  for  each  additional  one  hundred 
and  sixty  acres  or  fractional  part  thereof,  one  dollar; 

For  filing  trademark,  three  dollars; 

For  filing  and  recording  notice  of  appointment  of  agent,  five  dollars; 

For  filing  map  and  profile  of  the  final  location  of  any  railroad,  five 
dollars; 

For  filing  certified  copy  of  official  oath  of  notary  public,  one  dollar; 

For  recording  miscellaneous  documents  or  papers,  twenty-five  cents 
per  folio; 

For  searching  records  and  archives  of  the  State,  one  dollar; 

For  filing  certified  copy  of  an  order  of  the  Superior  Court  changing 
the  name  of  a  corporation,  three  dollars. 

No  member  of  the  Legislature  or  state  officer  shall  be  charged  for 
any  search  relative  to  matters  appertaining  to  the  duties  of  their  offices; 
nor  shall  they  be  charged  any  fee  for  a  certified  copy  of  any  law  or 
resolution  passed  by  the  Legislature  relative  to  their  official  duties. 

All  fees  collected  by  the  Secretary  of  the  State  must,  at  the  end  of 
each  month,  be  paid  into  the  state  treasury,  and  shall  constitute  the 
state  library  fund. 


POLITICAL    CODE.  167 

ARTICLE    X. 
REGISTER   OF    THE    STATE    LAND    OFFICE. 

Section  501.     To  be  amended  to  read  as  follows: 

Sec.  501.  The  register  must  charge  and  collect  fees  as  follows:  For 
each  certificate  of  purchase,  duplicate,  or  patent,  three  dollars;  for 
certifying  a  contested  case  to  Superior  Court,  three  dollars;  for  copies  of 
papers  in  his  office,  ten  cents  per  folio,  and  fifty  cents  for  the  certificate 
with  the  seal  attached;  and  such  other  fees  as  may  be  allowed  by  law. 
All  fees  received  by  the  register  must  be  disposed  of  as  provided  in  title 
eight  of  part  three  of  this  Code. 

Note. — The  amendment  consists  of  substituting  the  word  "superior"  for  "dis- 
trict "  in  designating  the  court  in  the  above  section. 

ARTICLE  XII. 
SUPERINTENDENT    OF    STATE   PRINTING. 

Section  526.     To  be  amended  to  read  as  follows: 

Sec.  526.     It  is  the  duty  of  the  Superintendent  of  State  Printing: 

1.  To  print  the  laws;  the  journals  of  the  Legislature;  reports  of  state 
officers;  public  documents  ordered  to  be  printed  by  the  Legislature, 
Supreme  Court,  state  university,  state  normal  schools,  state  asylums, 
state  reform  schools,  state  prisons,  all  state  officers,  boards,  bureaus, 
commissions,  and  trustees;  the  bills,  resolutions,  and  other  job  printing 
which  may  be  ordered  by  either  of  the  two  houses  of  the  Legislature, 
and  all  other  public  printing  for  the  State,  unless  otherwise  expressly 
ordered  by  law; 

2.  To  publish,  prefixed  to  e*ach  volume  of  the  laws,  the  names  and 
place  of  residence  of  the  Governor,  and  other  executive  officers  of  the 
State,  Lieutenant-Governor,  Senators,  and  Representatives  in  the 
Legislature,  the  presiding  officers  of  the  Senate  and  Assembly,  and  of 
commissioners  of  the  State  of  California  residing  out  of  the  State,  and 
in  office  at  the  time  of  such  publication; 

3.  To  perform  the  duties  required  by  the  provisions  of  article  twelve, 
chapter  two,  title  one,  part  three,  of  this  Code,  and  such  other  duties  as 
are  imposed  upon  him  by  law; 

4.  He  shall  keep  in  his  office,  open  to  public  inspection,  a  time-book, 
containing  the  name  of  every  employe  connected  with  the  state  printing 
office,  the  time  employed,  the  rate  of  wages,  and  amount  paid;  and  he 
shall  certify,  under  oath,  to  the  correctness  of  all  claims  for  services 
rendered  and  materials  furnished,  which  certificate  shall  be  attached  to 
and  presented  with  each  claim  that  shall  be  presented  to  the  Board  of 


168  PEOPOSED   AMENDMENTS    TO   THE 

Examiners  for  allowance,  and  no  such  claim  shall  be  certified  or  allowed 
unless  it  is  fully  itemized; 

5.  He  shall  file,  in  the  office  of  the  Secretary  of  State,  all  proposals, 
bids,  contracts,  bonds,  and  other  papers  appertaining  to  the  awarding  of 
contracts  now  in  his  possession,  or  which  may  hereafter  come  into  his 
possession,  retaining  in  his  office  copies  of  the  same;  and  the  Secretary 
of  State  shall  promptly  furnish  the  State  Board  of  Examiners,  for  their 
use,  certified  copies  of  all  such  papers; 

6.  All  printing  required  by  any  of  the  state  departments,  institutions, 
boards,  or  any  state  officer,  for  the  State,  the  order  for  the  same  shall 
be  made  out  upon  a  printed  blank,  with  voucher  attached,  to  be  fur- 
nished by  the  Superintendent  of  State  Printing,  and  forwarded  to  the 
office  of  said  Superintendent,  who  shall  enter,  upon  a  book  kept  in  his 
office  for  that  purpose,  a  transcript  of  said  order;  and  shall  return  with 
the  work,  when  completed,  to  the  person  ordering  the  same,  the  original 
order,  with  a  duplicate  voucher  attached;  said  voucher  to  be  signed  by 
the  person  receiving  the  work,  and  returned  to  the  Superintendent  of 
State  Printing,  and  both  original  and  duplicate  orders  shall  be  kept  on 
file  in  his  office,  and  shall  be  a  sufficient  voucher  for  said  work.  The 
Superintendent  of  State  Printing  shall  enter  upon  a  book,  to  be  kept  for 
such  purpose,  the  name,  quantity,  and  weight  of  paper  used  for  each 
order  printed.  He  shall  also  certify,  under  oath,  that  the  items  consti- 
tuting the  claim  attached  were  incurred  in  the  manner  and  on  the  dates 
shown  in  said  bills,  and  that  the  materials  described  in  the  annexed 
account  were  of  the  quality,  kind,  and  weight  required,  and  that  the 
services  named  in  the  annexed  account  were  actually  rendered,  and  the 
money  is  to  be  paid,  as  therein  mentioned,  and  solely  for  the  benefit  of 
the  State;  and  no  claim  arising  under  any  contract  shall  be  allowed  or 
paid  unless  accompanied  by  such  certificate.  He  shall  also  retain  and 
file  in  his  office  one  copy  or  sample  of  each  blank,  circular,  pamphlet, 
book,  legislative  bill,  file,  or  report,  or  any  other  work  emanating  from 
the  state  printing  office,  excepting  blank  books,  of  which  he  shall  file 
only  sample  sheets.  Said  copies  or  samples  shall  bear  a  uniform  num- 
ber and  date  with  the  voucher,  and  shall  be  preserved  one  year.  Copy 
for  all  printing,  except  job  work,  must  be  furnished  to  the  Superin- 
tendent of  State  Printing,  typewritten,  or  written  legibly,  on  paper, 
legal  cap  or  letter  size,  except  in  cases  of  tables  or  diagrams  which 
cannot  be  confined  to  above-mentioned  size;  and  written  on  one  side 
only.  The  Superintendent  of  State  Printing  is  hereby  authorized  to 
reject  all  copy  not  conforming  to  the  above  requirements; 

7.  No  printing  for  the  Senate,  or  any  committee  of  the  same,  shall 
be  executed  except  upon  an  official  order  of  the  secretary,  and  no  order 
for  any  printing  shall  be  made  by  that  officer  unless  the  same  is 
ordered  by  a  majority  vote  of  the  Senate.     All  printing  done  for  the 


POLITICAL    CODE.  169 

Senate  shall  be  delivered  to  the  sergeant-at-arms  of  that  body,  whose 
duty  it  shall  be  to  distribute  one  third  of  the  copies  of  any  document 
printed  to  the  members  of  the  Senate,  and  two  thirds  to  the  sergeant- 
at-arms  of  the  Assembly,  who  shall  receipt  therefor,  for  distribution  to 
the  members  thereof.  There  shall  be  printed  such  number  of  copies  of 
all  bills,  resolutions,  and  reports  for  the  Senate  as  shall  be  ordered  by 
that  body; 

8.  No  printing  for  the  Assembly,  or  any  committee  of  the  same, 
shall  be  executed  except  upon  an  official  order  of  the  chief  clerk,  and 
no  order  for  any  printing  shall  be  made  by  that  officer  unless  the  same 
is  ordered  by  a  majority  vote  of  the  Assembly.  All  printing  done  for 
the  Assembly  shall  be  delivered  to  the  sergeant-at-arms  of  that  body, 
whose  duty  it  shall  be  to  distribute  two  thirds  of  the  copies  of  any  docu- 
ment printed  to  the  members  of  the  Assembly,  and  one  third  to  the 
sergeant-at-arms  of  the  Senate,  who  shall  receipt  therefor,  for  distribu- 
tion to  the  members  thereof.  There  shall  be  printed  such  number  of 
copies  of  all  bills,  resolutions,  and  reports  for  the  Assembly  as  shall  be 
ordered  by  that  body; 

9.  The  receipts  of  the  respective  sergeants-at-arms  of  the  Senate  and 
Assembly  shall  be  a  sufficient  voucher  to  the  Superintendent  of  State 
Printing  for  all  work  done  for  either  house. 

Section  527.     To  be  amended  to  read  as  follows: 

Sec.  527.  Whenever  any  message  or  document,  in  book  form,  is 
ordered  printed  by  either  house,  four  hundred  and  eighty  copies 
thereof,  in  addition  to  the  number  ordered,  must  be  struck  off  and 
retained  in  sheets,  and  bound  with  the  journals  of  the  house  ordering 
the  same,  as  an  appendix.  Of  bills  ordered  printed,  when  the  number 
is  not  fixed  in  the  order,  there  must  be  printed  five  hundred  copies. 

Note.— The  number  of  bills  and  other  legislative  documents  in  both  of  the  above 
sections  has  been  increased,  as  two  hundred  and  forty  copies  have  proven  totally- 
inadequate  for  several  years,  and  the  practice  has  been  for  each  house,  by  reso- 
lution, to  fix  the  number  at  five  hundred  at  the  beginning  of  each  session. 

Section  528.     To  be  amended  to  read  as  follows: 

Sec.  528.  There  must  be  printed,  and  bound  in  law  sheep,  of  the 
laws  of  each  session  of  the  Legislature  such  number  of  volumes  as  in 
the  judgment  of  the  Superintendent  of  State  Printing  will  be  required 
by  the  Secretary  of  State  for  sale  or  distribution  under  the  law,  not 
exceeding  three  thousand  five  hundred  copies,  to  be  deposited  with  the 
Secretary  of  State,  who,  after  retaining  a  sufficient  number  of  said 
volumes  for  distribution  in  accordance  with  the  provisions  of  section 
four  hundred  and  nine  of  this  Code,  shall  deposit  one  hundred  copies 
with  the  state  library;  the  remaining  copies  to  be  sold  at  a  price  to  be 
fixed  by  the  State  Board  of  Examiners,  not  to  exceed  three  dollars  per 


170  PROPOSED   AMENDMENTS    TO   THE 

bound  volume  for  single  copies;  and  when  ten  or  more  copies  are  desired 
by  any  citizen  at  one  time,  then  there  shall  be  a  discount  of  ten  per 
cent  from  said  established  price;  provided,  that  any  such  citizen  pur- 
chasing ten  or  more  copies  shall  agree  with  and  file  an  affidavit  with 
the  Secretary  of  State,  certifying  that  such  copies  have  not  been  pur- 
chased for  resale  in  lots  of  more  than  five  copies,  nor  at  a  greater  price 
than  the  maximum  price  fixed  by  the  State  Board  of  Examiners  for 
their  sale  by  the  State.  Stereotype  plates  shall  be  made,  and  whenever 
the  Secretary  of  State  has  less  than  fifty  copies  on  hand,  the  Superin- 
tendent of  State  Printing  shall  print  from  said  plates  and  bind  in  law 
sheep  such  number  of  copies  as  shall  be  ordered  by  the  Secretary  of 
State,  and  deliver  the  same  to  the  Secretary  of  State,  to  be  sold  by  him 
as  herein  provided;  the  moneys  thus  received  to  be  paid  into  the  state 
treasury  at  the  end  of  each  month,  and  to  be  added  to  and  constitute 
part  of  the  fund  for  the  support  of  the  state  printing  office. 

Whenever  any  bill,  joint  or  concurrent  resolution  is  passed  to  enroll- 
ment, by  either  the  Senate  or  Assembly,  the  committee  on  enrollment  of 
the  house  in  which  the  bill,  joint  or  concurrent  resolution  originated, 
shall  transmit  the  same  without  delay  to  the  Superintendent  of  State 
Printing,  who  shall  receipt  for  all  such  bills  and  resolutions,  and  proceed 
at  once  to  have  the  same  printed,  in  the  order  in  which  received,  and  in  the 
measure  prescribed  by  law  for  statutes.  So  soon  as  printed,  one  copy, 
with  the  proper  blanks  for  the  signatures  of  the  officers  whose  duty  it  is 
to  sign  enrolled  bills,  shall  be  printed  on  bond  paper,  which,  together 
with  the  engrossed  bill,  shall  be  sent  to  the  committee  on  enrollment  of 
the  house  in  which  the  bill  originated.  Said  committee  shall  compare 
such  copy  with  the  engrossed  bill,  and,  if  it  is  found  to  be  correct,  shall 
present  it  to  the  proper  officers  for  their  signatures.  When  such  officials 
shall  have  signed  their  names  thereon,  as  required  by  law,  it  shall  be  an 
enrolled  bill,  and  shall  be  transmitted  to  the  Governor  for  his  approval. 
If  the  same  is  signed  by  the  Governor  and  becomes  a  law,  the  printed 
law  shall  go  then  to  the  Secretary  of  State  and  become  the  official  record. 
Whenever  a  law  is  signed  by  the  Governor,  official  notice  shall  be 
forwarded,  in  writing,  to  the  Superintendent  of  State  Printing,  informing 
him  of  the  fact.  Upon  the  receipt  of  said  official  notice,  the  Superin- 
tendent of  State  Printing  shall  cause  to  be  printed,  for  the  use  of  the 
Legislature,  five  hundred  copies  of  said  law,  joint  or  concurrent  resolu- 
tion, to  be  distributed  one  third  to  the  Senate  and  two  thirds  to  the 
Assembly,  the  sergeants-at-arms  of  the  respective  houses  to  receipt  to  the 
Superintendent  of  State  Printing  for  the  same,  whose  receipt  shall  be  a 
proper  voucher  for  the  work.  The  Superintendent  of  State  Printing 
shall  also  cause  to  be  printed  of  all  laws,  as  fast  as  signed  by  the  Gov- 
ernor, five  hundred  copies,  the  same  to  be  immediately  distributed  to 
the  County  Clerks  of  the  various  counties  of  the  State,  for  the  use  of  that 


POLITICAL   CODE.  *  171 

official  and  the  Superior  Judges  of  his  county.  He  shall  also  cause  to 
be  printed  the  requisite  number  of  sheets  to  make  the  number  of  the 
copies  of  the  statutes  required  by  law  to  be  printed,  and  one  composition 
of  type  shall  answer  the  purpose  of  printing  the  three  editions.  Of  the 
journals  and  appendices  of  the  Senate  and  Assembly,  there  must  be 
printed  four  hundred  and  eighty  copies,  in  one  volume  or  more,  as  may 
be  required  by  the  size  thereof.  The  Superintendent  of  State  Printing 
shall  have  the  laws,  journals  of  Senate  and  Assembly,  and  the  appen- 
dices thereto,  properly  indexed  and  bound,  the  laws  in  full  law  sheep 
binding,  and  the  journals  and  appendices  in  half  law  sheep  binding, 
marble  sides,  and  deliver  the  same  to  the  Secretary  of  State  for  distribu- 
tion as  soon  as  practical  after  the  final  adjournment  of  the  Legislature; 
the  receipt  of  the  Secretary  of  State  shall  be  his  voucher  therefor. 

Section  529.     To  amended  to  read  as  follows: 

Sec.  529.  Printing  must  be  done  as  follows:  The  laws,  journals, 
messages,  and  other  documents  in  book  form,  must  be  printed  solid, 
with  long  primer  type,  on  good  white  paper;  each  page,  except  of  the 
laws,  must  be  thirty-three  ems  wide  and  fifty-eight  ems  long,  including 
title,  blank  line  under  it,  and  foot  line;  of  the  laws  the  same  length, 
and  twenty-nine  ems  wide,  exclusive  of  marginal  notes,  which  notes 
must  be  printed  in  nonpareil  type,  seven  ems  wide.  Figure  work,  and 
rule  and  figure  work,  in  messages,  reports,  and  other  documents  in 
book  form,  must  be  on  pages  corresponding  in  size  with  the  journals,  if 
it  can  be  brought  in  by  using  type  not  smaller  than  nonpareil;  if  not, 
it  must  be  executed  in  a  form  to  fold  and  bind  with  the  volume.  Bills, 
and  other  work  of  a  similar  character,  must  be  printed  with  long 
primer  type,  on  plain  white  paper,  commencing  the  heading  one  fourth 
of  the  length  of  the  sheet  from  its  top,  and  be  forty-six  ems  wide  and 
seventy-three  ems  long,  including  running  head,  blank  line  under  it, 
and  foot  line,  and  between  each  printed  line  there  must  be  a  white  line 
corresponding  with  the  body  of  the  type,  and  each  line  must  be  num- 
bered. Blanks  must  be  printed  in  such  form,  and  on  such  paper,  and 
with  such  sized  type,  as  the  officers  ordering  them  may  direct,  subject 
to  the  approval  of  the  Superintendent  of  State  Printing.  The  laws 
must  be  printed  without  chapter  headings,  and  without  blank  lines, 
with  the  exception  of  one  head  line,  one  foot  line,  two  lines  between 
the  last  section  of  an  act  and  the  title  of  the  next  act.  When  there  is 
not  space  enough  between  the  last  section  of  an  act  to  print  the  title 
and  enacting  clause,  and  one  line  of  the  following  act,  upon  the  same 
page,  such  title  may  be  printed  upon  the  following  page.  The  journals 
must  be  printed  without  blank  lines,  with  the  exception  of  one  head 
line,  one  foot  line,  and  two  lines  between  the  journal  of  one  day  and 


172  PROPOSED   AMENDMENTS   TO   THE 

that  of  the  following  day.     In  printing  the  ayes  and  noes,  the  word 
"  ayes  "  and  the  word  "  noes  "  must  be  run  in  with  the  names. 

Note.— The  amendment  consists  in  changing  the  words  "white  plain  cap  paper  " 
to  read  "plain  white  paper,"  and  in  providing  that  the  form  and  style  of  certain 
printing  shall  be  "  subject  to  the  approval  of  the  Superintendent  of  State  Print- 
ing." This  last  to  prevent  unreasonable  and  very  expensive  requisitions  for  print- 
ing from  captious  officials. 

Section  531.     To  be  amended  to  read  as  follows: 

Sec.  531.  The  duties  of  the  Superintendent  of  State  Printing  shall 
be  as  follows:  He  shall  have  the  entire  charge  and  superintendence  of 
the  state  printing  and  binding.  He  shall  take  charge  of,  and  be 
responsible  on.  his  bond  for,  all  manuscripts  and  other  matter  which 
may  be  placed  in  his  hands  to  be  printed,  bound,  engraved,  or  litho- 
graphed, and  shall  cause  the  same  to  be  promptly  executed.  He  shall 
purchase  all  supplies  and  materials  for  the  state  printing  office,  in  such 
manner  as  he  shall  deem  most  advantageous  to  the  State.  He  shall 
receive  from  the  Senate  or  Assembly  all  matter  ordered  .by  either  house 
to  be  printed  and  bound,  or  either  printed  or  bound,  and  shall  keep  a 
record  of  the  same,  and  of  the  order  in  which  it  may  be  received;  and 
when  the  work  shall  have  been  executed,  he  shall  deliver  the  finished 
sheets  or  volumes  to  the  sergeant-at-arms  of  the  Senate  or  Assembly,  or 
of  any  department  authorized  to  receive  them,  wrhose  receipt  therefor 
shall  be  a  sufficient  voucher  to  the  said  Superintendent  of  State  Printing 
for  their  delivery.  He  shall  receive,  and  promptly  execute,  all  orders 
for  printing  or  binding  required  to  be  done  for  the  various  state  officers; 
provided,  that  the  said  Superintendent  of  State  Printing  shall  have 
discretionary  authority  to  revise,  reduce,  or  decline  to  execute  any  order, 
or  part  of  any  order,  which,  in  his  judgment,  is  unnecessary  or  unwar- 
ranted by  law,  and  which  will  tend  to  unnecessarily  consume  the 
appropriation  for  support  of  the  state  printing  office;  and  provided 
further,  that  in  the  event  that  any  state  officer,  board,  commission,  or 
institution  shall  consider  the  decision  of  the  said  Superintendent  of 
State  Printing  unfair,  he  may  refer  the  matter  to  the  State  Board  of 
•Examiners,  which  board  shall  determine  the  matter.  He  shall  employ 
such  compositors,  pressmen,  and  assistants  as  the  exigency  of  the  work 
from  time  to  time  requires,  and  may  at  any  time  discharge  such 
employes;  provided,  that  at  no  time  shall  he  pay  said  compositors, 
pressmen,  or  assistants  a  higher  rate  of  wages  than  is  paid  by  those 
employing  printers  in  Sacramento  for  like  work.  He  shall  at  no  time 
employ  more  compositors  or  assistants  than  the  absolute  necessities  of 
the  state  printing  may  demand,  and  he  shall  not  permit  any  other 
than  state  work  to  be  done  in  the  state  printing  office.  The  Superin- 
tendent of  State  Printing  shall  make  a  biennial  report,  in  writing,  to 
the  Governor,  embracing  a  record  of  the  complete  transactions  of  his 


POLITICAL   CODE.  I  173 

office  for  the  two  preceding  fiscal  years,  which  report  shall  show,  in 
detail,  all  the  items  of  expense  attending  the  state  printing  and  all 
the  expenses  of  the  office,  including  repairs  and  the  purchase  of  mate- 
rials of  all  kinds.  Said  report  shall  also  state  the  number  of  reams  and 
various  kinds  of  paper  delivered  to  him,  and  the  amount  and  quality 
remaining  on  hand,  which  report  shall  be  printed,  biennially,  for  the  use 
of  the  Legislature. 

Section  534.     To  be  amended  to  read  as  follows: 

Sec.  534.  The  annual  salary  of  the  Superintendent  of  State  Printing 
shall  be  three  thousand  dollars.  He  may  appoint  a  Deputy  Superin- 
tendent of  State  Printing,  who  shall  receive  a  salary  of  two  thousand 
four  hundred  dollars  per  annum. 

Note.— The  amendment  consists  in  eliminating  surplus  provision  of  the  original 
section,  and  in  providing  for  the  appointment  of  a  deputy,  which  official  shall  take 
the  place  of,  exercise  the  same  authority,  perform  the  same  services,  and  receive 
the  same  salary  as  the  present  chief  clerk  or  bookkeeper  in  the  superintendent's 
office. 

Sections  535  and  536.     To  be  repealed. 

Note. — The  above  sections  are  obsolete,  and  have  no  proper  application  to  the 
state  printing  office  as  now  conducted. 

Section  537.     To  be  amended  to  read  as  follows: 

Sec.  537.  The  State  Treasurer  is  hereby  authorized,  when  the  general 
fund  is  exhausted,  to  advance  the  money  on  the  Controller's  warrants, 
drawn  for  wages  and  salaries  of  the  employes  in  the  state  printing 
office,  out  of  any  public  fund  in  the  treasury,  which  warrants  shall  be 
his  vouchers  until  there  is  money  in  the  general  fund  to  cancel  them; 
providedj  that  this  section  shall  not  apply  to  any  fund  against  which 
there  are  any  warrants  then  due,  or  to  become  due,  or  so  as  to  keep 
claimants  out  of  their  just  demands. 

Note.— The  amendment  consists  in  omitting  the  last  sentence  of  the  original 
section,  as  the  same  has  now  no  proper  application. 


ARTICLE  XIII. 
SEALER    OF    WEIGHTS   AND    MEASURES. 

Sections  561,  562,  563,  564,  565,  566,  and  567,  as  they  now  exist,  to  be 
transferred  from  Article  XIV  and  made  to  constitute  Article  XIII,  and 
renumbered,  as  follows:  Section  561  to  be  renumbered  548;  Section  562 
to  be  renumbered  549;  Section  563  to  be  renumbered  550;  Section  564 
to  be  renumbered  551;  Section  565  to  be  renumbered  552;  Section  566 
to  be  renumbered  553;  Section  567  to  be  renumbered  554. 


174  PROPOSED   AMENDMENTS   TO   THE 

Sections  548,  549,  550,  551,  552,  553,  and  554  to  be  repealed. 

Note.— The  office  of  State  Geologist  has  fallen  into  disuse,  and  was  practically- 
abolished  by  Act  of  March  27,  1874.    (Stats.  1873-74,  page  694.) 

We  recommend  that  Article  XIV,  as  reconstructed,  shall  read  as 
follows: 

ARTICLE  XIV. 

BOARD    OF   BANK    COMMISSIONERS. 

Section  555.     A  new  section  to  be  added  to  read  as  follows: 
Board  of  Bank  Commissioners. 

Sec.  555.  The  State  Board  of  Bank  Commissioners  shall  continue  to 
exist,  and  its  present  members  shall  hold  office  until  the  expiration  of 
the  term  for  which  they  were  appointed,  and  until  their  successors  are 
appointed  and  qualified.  Upon  the  expiration  of  the  term  of  each  of 
the  incumbents,  the  Governor  shall  appoint  a  person  to  the  office  of 
Bank  Commissioner  for  the  term  of  four  years  and  until  his  successor 
is  appointed  and  qualified.  No  two  commissioners  appointed  shall  be 
residents  of  the  same  section  of  the  State.  No  appointee  shall  have 
official  connection  with,  or  be  in  the  employ  of,  any  savings  bank,  bank, 
or  banking  company,  or  of  any  person,  partnership,  association,  or  cor- 
poration engaged  in  the  business  of  banking  or  publicly  receiving  money 
or  credits  on  deposit,  nor  shall  they,  during  their  term  of  office,  hold  or 
be  interested,  directly  or  indirectly,  in  the  stock,  business,  or  other 
property  of  such  person,  partnership,  association,  or  corporation. 
Before  entering  upon  the  duties  of  his  office,  each  appointee  shall 
execute  an  official  bond  in  the  sum  of  twenty  thousand  dollars,  and  take 
the  oath  of  office  as  prescribed  by  the  Political  Code  for  state  officers. 
The  State  Board  of  Bank  Commissioners  shall  have  their  office  in  the 
City  of  San  Francisco. 

Section  556.     A  new  section  to  be  added  to  read  as  follows: 
Duties  of  Bank  Commissioners,  to  license. 

Sec.  556.  The  duties  of  the  Bank  Commissioners  shall  be,  to  prepare 
and  furnish  to  every  savings  bank,  commercial  bank,  and  banking 
company,  or  person  or  persons  engaged  in  the  business  of  banking  or  of 
publicly  receiving  money  or  credits  on  deposit,  or  to  any  other  corpora- 
tion incorporated  under  the  laws  of  this  State,  or  of  any  other  State  or 
Territory,  or  foreign  country,  doing  a  banking  business  in  this  State, 
applying  therefor,  a  license  in  the  form  to  be  prescribed  by  them, 
authorizing  such  person,  firm,  association,  or  corporation,  to  transact 
the  business  of  a  savings  bank,  bank,  or  banking  company,  or  to  pub- 
licly receive  money  or  credits  on  deposit,  until  the  first  day  of  July 


POLITICAL    CODE.  175 

next  thereafter;  to  receive  and  place  on  file  in  their  office  the  reports 
required  to  be  made  by  any  person,  or  persons,  engaged  in  the  banking 
business  or  publicly  receiving  money  or  credits  on  deposit,  or  by  sav- 
ings banks,  banks,  or  banking  corporations  or  associations;  to  prepare 
and  furnish,  on  demand,  to  all  persons,  firms,  partnerships,  corpora- 
tions, or  associations  required  to  make  and  return  statements  or  reports 
to  said  Bank  Commissioners  by  the  provisions  of  this  article,  blank  forms 
for  such  statements  or  reports  as  may  by  law  be  required  of  them;  to 
make,  on  or  before  the  first  day  of  October  in  each  year,  a  report  to  the 
Governor  of  this  State,  containing  a  tabular  statement  and  synopsis  of 
the  several  reports  which  have  been  filed  in  their  office  since  their  last 
report,  and  any  other  proceedings  had  or  done  by  them  under  this  article, 
showing  generally  the  condition  of  the  several  savings,  commercial,  and 
other  banking  corporations,  or  institutions  of  this  •  State,  and  the  con- 
dition of  the  affairs  of  any  person,  or  persons,  or  partnerships  engaged 
in  the  business  of  publicly  receiving  money  or  credits  on  deposit,  and 
such  other  matters  as  in  their  opinion  may  be  of  interest  to  the  public, 
with  a  detailed  statement,  verified  by  their  oaths,  of  all  moneys  and 
fees  of  office  received  by  them  during  the  same  period. 

Section  557.     A  new  section  to  be  added  to  read  as  follows: 
Duties  of  commissioners  as  to  examination  of  financial  condition. 

Sec.  557.  It  shall  be  the  duty  of  one  or  more  of  the  Bank  Commis- 
sioners, as  designated  by  the  commissioners,  once  in  each  year,  and  as 
often  as  in  their  judgment  may  be  deemed  necessary,  without  previous 
notice,  to  visit  and  make,  personally,  a  full  examination  of  the  business 
and  affairs  of  each  and  every  person,  partnership,  association,  or  cor- 
poration, mentioned  in  section  five  hundred  and  fifty-six  of  this  Code; 
to  inspect  all  books,  papers,  notes,  bonds,  or  evidences  of  debt  of  such 
persons,  partnerships,  associations,  or  corporations,  and  all  securities; 
to  ascertain  the  financial  condition  of  every  such  person,  partnership, 
association,  or  corporation,  its  solvency,  its  ability  to  fulfill  its  obliga- 
tions, and,  if  in  their  opinion,  it  is  deemed  necessary  for  any  purpose, 
to  report  its  condition  to  the  Attorney-General  and  the  Governor  as 
soon  as  practicable  after  such  examination.  Such  commissioner  or 
commissioners  must  examine,  under  oath,  any  person  or  persons,  and 
the  members,  officers,  directors,  trustees,  servants,  and  employes  of  any 
association,  partnership,  or  corporation  engaged  in  the  banking  busi- 
ness, or  publicly  receiving  money  or  credits  on  deposit,  and  any  and  all 
persons  who,  they  believe,  have  knowledge  in  relation  to  the  affairs  and 
condition  of  the  business  of  any  such  person,  or  persons,  association, 
partnership,  or  corporation,  and  administer  such  oath  personally;  and 
whoever  shall  neglect  or  refuse,  after  demand  and  notice  thereof,  and 
without  justifiable  cause,  to  appear,  or  testify  under  oath,  before  the 


176  PROPOSED   AMENDMENTS    TO   THE 

said  commissioners  in  the  discharge  of  their  duties,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  one  thousand  dollars,  or  by  imprisonment  in 
the  county  jail  for  not  less  than  ninety  days,  or  by  both  such  fine  and 
imprisonment. 

Section  558.     A  new  section  to  be  added  to  read  as  follows: 
Not  to  transact  business  without  license. 

Sec.  558.  No  person,  partnership,  association,  or  corporation,  shall 
use  the  name  or  transact  the  business  of  a  savings  bank,  bank,  or  bank- 
ing association  or  corporation,  or  of  publicly  receiving  money  or  credits 
on  deposit,  without  the  license  provided  for  in  section  five  hundred  and 
fifty-six  of  this  Code;  and  any  person,  partnership,  association,  or  cor- 
poration, violating  this  provision,  shall  forfeit  to  the  State  of  California 
the  sum  of  one  hundred  dollars  per  day  during  the  continuance  of  the 
offense;  and  any  person  who  enters  upon,  engages  in,  or  carries  on,  or 
in  any  manner  attends  to  the  business  or  management  of  a  savings 
bank,  bank,  or  banking  association,  or  corporation,  or  the  business  of 
publicly  receiving  money  or  credits  on  deposit,  without  such  license, 
whether  as  manager,  principal,  agent,  officer,  employe,  or  otherwise, 
shall  forfeit  to  the  State  of  California  the  sum  of  one  hundred  dollars 
for  every  day  he  so  enters  upon,  engages  in,  carries  on,  or  attends  to 
such  business;  and  in  addition  to  the  forfeiture  herein  provided  for,  any 
violation  of  this  section  by  any  person,  partnership,  association,  or  cor- 
poration, is  also  hereby  declared  to  be  a  misdemeanor,  and  on  conviction 
thereof  such  person,  partnership,  association,  or  corporation,  shall  be 
punished  by  a  fine  of  not  less  than  five  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  for  not  less  than  thirty  days,  or  by  both  such 
fine  and  imprisonment. 

Section  559.     A  new  section  to  be  added  to  read  as  follows: 
Report  of  financial  condition  to  be  filed  with  commissioners. 

Sec.  559.  Every  person,  partnership,  association,  or  corporation, 
mentioned  in  section  five  hundred  and  fifty-six  of  this  Code,  including 
banks  in  liquidation  or  insolvency,  shall,  on  or  before  the  first  day  of 
April  of  each  year,  file  with  the  Board  of  Bank  Commissioners  a  report, 
in  writing,  verified  by  the  oath  of  a  person,  or  the  members  of  the  part- 
nership, conducting  a  banking  business,  or  publicly  receiving  money  or 
credits  on  deposit,  or  by  the  president  and  secretary,  or  cashier,  or  the 
two  principal  officers  of  the  association  or  corporation;  provided,  that 
the  statement  of  an  association  or  corporation  shall  be  further  verified 
by  a  majority  of  the  board  of  directors  of  such  banking  association  or 
corporation  as  to  the  correctness  of  the  statement  made  by  the  principal 
officers,  and  as  to  the  value  of  the  assets  therein  set  forth.     Such  report 


POLITICAL    CODE.  177 

shall  show  the  actual  financial  condition  of  the  person,  partnership, 
association,  or  corporation,  at  twelve  o'clock  meridian,  of  the  first 
Monday  in  March,  by  stating: 

1.  The  amount  of  capital,  or  capital  stock,  and  the  number  of  shares 
into  which  it  is  divided; 

2.  The  name  of  the  person,  partnership,  association,  or  corporation, 
and  the  names  of  the  directors  or  trustees,  and  the  number  of  shares  of 
stock  held  by  each;  . 

3.  The  total  amount  actually  paid,  in  money,  by  the  stockholders  for 
capital  stock,  and  the  total  amount  of  reserve  fund; 

4.  The  total  amount  due  to  depositors; 

5.  The  total  amount  and  character  of  any  and  all  other  liabilities,  of 
such  person,  partnership,  association,  or  corporation; 

6.  The  amount  at  which  the  lot  and  building  or  buildings  occupied 
by  the  bank  or  institution,  for  the  transaction  of  its  regular  business, 
stand  debited  on  its  books,  together  with  the  market  value  of  all  other 
real  estate  held,  whether  acquired  in  the  settlement  of  loans  or  other- 
wise; the  amount  at  which  it  stands  debited  on  the  books  of  such  per- 
son, partnership,  association,  or  corporation;  in  what  county  situated, 
and  in  what  name  the  title  is  vested,  if  not  in  the  name  of  such  person, 
partnership,  association,  or  corporation; 

7.  The  amount  loaned  on  real  estate,  specifying  the  amount  secured 
on  real  estate  in  each  county  separately;  also,  specifying  the  name  of 
the  person  in  whose  name  the  property  is  held  in  trust  or  as  security, 
in  case  it  is  held  in  any  other  name  than  that  of  the  banker  or  banking 
institution,  and  in  case  the  instrument  creating  the  trust  or  security  does 
not  disclose  the  name  of  such  banker  or  banking  institution; 

8.  The  amount  invested  in  bonds,  designating  each  particular  class, 
and  the  amount  thereof; 

9.  The  amount  loaned  on  stocks  and  bonds,  designating  each  partic- 
ular class,  and  the  amount  thereof; 

10.  The  amount  of  money  loaned  on  other  security,  with  a  particular 
designation  of  each  class  and  kind  of  security,  and  the  amount  loaned 
on  each; 

11.  The  actual  amount  of  money  on  hand  or  deposited  in  any  other 
bank  or  place,  with  the  name  of  the  place  where  deposited,  and  the 
amount  in  each  place; 

12.  Any  other  property  held,  or  any  amount  of  money  loaned,  depos- 
ited, invested,  or  placed,  not  otherwise  herein  enumerated,  with  the 
place  where  situate,  and  the  value  of  such  property,  and  the  amounts 
so  loaned,  deposited,  or  placed; 

13.  The  character  of  business,  if  any,  conducted  in  connection  with 
the  receiving  of  money  or  credits  on  deposit,  and  the  amount  of  such 
money  or  credits  used  in  the  conduct  of  the  business. 

12— c 


178  PROPOSED   AMENDMENTS    TO   THE 

The  oaths  of  the  persons  and  officers  to  the  statements  above  required 
shall  state  that  they,  and  each  of  them,  have  a  personal  knowledge  of 
the  matters  therein  contained,  and  that  they  believe  every  allegation, 
statement,  matter,  and  thing  therein  contained  to  be  true;  and  any 
willfully  false  statement  in  the  premises  shall  be  perjury,  and  shall  be 
punished  as  such.  The  reports  as  provided  for  by  this  section  shall,  by 
the  Commissioners,  be  required  from  each  and  every  person,  partner- 
ship, association,  or  corporation  herein  mentioned,  at  least  twice  in  each 
year  in  addition  to  the  statement  required  to  be  made  as  to  the  financial 
condition  on  the  first  Monday  in  March,  and  at  such  times  as  they  may 
designate.  The  report  shall  show  the  actual  financial  condition  of  the 
person,  partnership,  association,  or  corporation,  making  the  report,  up 
to  the  close  of  any  past  day  to  be  by  the  commissioners  designated;  and 
such  report  shall  be  transmitted  to  the  commissioners  by  the  person, 
partnership,  association,  or  corporation,  within  fifteen  days  after  the 
receipt  from  them  of  a  request  or  requisition  therefor.  Any  person, 
partnership,  association,  or  corporation,  mentioned  in  section  five  hun- 
dred and  fifty-six  of  this  Code,  failing  to  furnish  to  the  Bank  Commis- 
sioners any  report  by  them  required  under  the  provisions  of  this  article, 
within  the  time  herein  specified,  shall  forfeit  the  sum  of  one  hundred 
dollars  per  day  during  the  time  of  such  default.  No  savings  bank  shall 
receive  the  license  in  this  article  provided  for,  unless  fifty  per  cent  of  its 
loans  shall  be  secured  by  first  mortgage,  or  other  prior  lien,  on  real 
estate  situate  within  this  State.  Such  loans,  at  the  date  when  made, 
hereafter,  are  not  to  exceed  fifty  per  cent  of  the  market  value  of  the 
security,  except  when  made  for  the  purpose  of  facilitating  the  sale  of 
property  owned  by  the  association,  or  corporation;  and  it  shall  be 
unlawful  for  any  savings  or  loan  society,  or  savings  bank,  to  purchase, 
invest,  or  loan  its  capital,  or  the  money  of  its  depositors,  in  mining 
shares  or  stocks.  No  savings  bank  shall  receive  the  license  in  this 
article  provided  for,  if,  after  the  first  day  of  July,  eighteen  hundred  and 
ninety-seven,  the  charter  of  incorporation  of  such  savings  bank  shall 
provide  for  conducting  a  savings  bank  and  a  commercial  bank,  under  the 
same  management  or  directory,  or  in  the  same  place  of  business.  All 
reports  required  to  be  made  to  the  Bank  Commissioners  by  the  pro- 
visions of  this  Code  shall  be  filed  and  kept  on  file  by  the  Bank  Com- 
missioners in  their  office,  and  shall  be  open  to  the  inspection  of  the 
public  during  the  office  hours  of  such  Commission;  provided,  that  a  copy 
of  the  report  required  to  be  made  by  each  person,  partnership,  association, 
or  corporation,  of  the  condition  of  the  business  of  such  person,  partner- 
ship, association,  or  corporation,  at  twelve  o'clock,  noon,  of  the  first 
Monday  in  March,  of  each  year,  shall  be  forwarded  by  the  commis- 
sioners by  the  fifteenth  day  of  April  of  each  year,  to  the  Assessor  of  the 


POLITICAL   CODE.  179 

county  in  which  the  business  of  such  person,  partnership,  association,  or 
corporation,  is  transacted  or  located. 

Section  560.     A  new  section  to  be  added  to  read  as  follows: 
Conduct  of  affairs  when  in  involuntary  liquidation. 

Sec.  560.  If  the  Bank  Commissioners,  on  examination  of  the  affairs 
of  any  person,  partnership,  association,  or  corporation  mentioned  in 
section  five  hundred  and  fifty-six  of  this  Code,  shall  find  that  any  such 
person,  partnership,  association,  or  corporation  has  been  guilty  of  vio- 
lating its  charter  or  the  laws  of  this  State,  or  is  conducting  business  in 
an  unsafe  manner,  they  shall,  by  an  order  addressed  to  the  person, 
partnership,  association,  or  corporation  so  offending,  direct  discontinu- 
ance of  such  illegal  and  unsafe  practice,  and  a  conformity  with  the 
requirements  of  the  law  and  its  charter.  And  if  such  person,  partner- 
ship, association,  or  corporation  shall  refuse  or  neglect  to  conform  with 
such  requirements  before  the  expiration  of  the  time  in  the  order  specified, 
or  if  it  shall  appear  to  said  commissioners  and  they  shall  unanimously 
decide  that  it  is  unsafe  for  any  such  person,  partnership,  association, 
or  corporation  to  continue  to  transact  business,  it  shall  be  the  duty  of  the 
commissioners  immediately  to  take  such  control  of  the  business  of  such 
person,  partnership,  association,  or  corporation,  and  all  the  property  and 
effects  thereof,  as  may  be  necessary  to  prevent  waste  or  diversion  of  assets, 
and  to  hold  possession  of  the  same  until  the  order  of  court  hereinafter 
mentioned,  and  to  immediately  notify  the  Governor  and  the  Attorney- 
General  of  their  action;  and  it  is  hereby  made  the  duty  of  the  Attorney- 
General,  upon  receiving  such  notification,  to  immediately  commence  suit 
in  the  proper  court  against  such  person,  partnership,  association,  or  cor- 
poration, and  all  the  directors  or  trustees  thereof,  to  enjoin  and  prohibit 
them  from  the  transaction  of  any  further  business.  If  upon  the  hearing 
of  the  case  the  court  shall  find  that  such  person,  partnership,  association, 
or  corporation  is  solvent,  and  may  safely  continue  business,  it  shall  dis- 
miss the  action  and  order  that  the  person,  partnership,  association,  or 
corporation  be  restored  to  the  possession  of  the  property;  but  if  the 
court  shall  find  that  it  is  unsafe  for  such  person,  partnership,  association, 
or  corporation  to  continue  business,  or  that  such  person,  partnership, 
association,  or  corporation  is  insolvent,  said  court  shall  by  its  decree 
order  such  person,  partnership,  association,  or  corporation  into  invol- 
untary liquidation,  and  shall  issue  the  injunction  applied  for  and  shall 
cause  the  same  to  be  served  according  to  law,  and  shall  order  the  com- 
missioners to  surrender  the  property  of  the  person,  partnership,  associa- 
tion, or  corporation  in  their  possession  to  a  receiver  appointed  by  the 
court  for  the  purpose  of  liquidation  in  such  proceeding,  under  the  orders 
and  direction  of  the  court.  The  issuance  of  the  injunction  hereinbefore 
provided  for  shall,  by  operation  of  law,  dissolve  any  and  all  attachments 


180  PROPOSED   AMENDMENTS    TO   THE 

levied  upon  any  property  of  such  person,  partnership,  association,  or 
corporation  within  one  month  next  preceding  the  date  of  the  notifica- 
tion by  the  commissioners  to  the  Governor  and  the  Attorney-General  as 
provided  for  in  this  section;  and  no  attachment  or  execution  shall,  after 
the  issuance  of  such  injunction  and  during  the  process  of  liquidation, 
be  levied  upon  any  property  of  such  person,  partnership,  association, 
or  corporation,  nor  shall  any  lien  be  created  thereon.  If  a  receiver 
be  appointed,  before  surrendering  to  him  the  property  of  the  person, 
partnership,  association,  or  corporation  for  purposes  of  liquidation, 
the  person  named  as  receiver  shall  execute  to  the  people  of  the  State 
of  California,  an  undertaking,  with  sufficient  sureties,  in  an  amount 
to  be  fixed  by  the  court,  that  he  will  well  and  truly  perform  all 
the  duties  devolving  on  him  by  reason  of  such  receivership,  and  that  he 
will  faithfully  discharge  the  duty  of  receiver  in  the  proceeding,  and 
obey  the  orders  of  the  court  therein.  Every  receiver  appointed  under 
the  provisions  of  this  section  shall  make  report  of  the  condition  of  the 
affairs  under  his  charge  to  the  Bank  Commissioners  in  the  same  man- 
ner as  the  solvent  banks  mentioned  in  this  article  are,  by  law,  required 
to  do,  and,  in  addition  thereto,  shall  state  the  amount  of  dividends  paid, 
debts  collected,  and  the  money  realized  on  property  sold,  if  any,  since 
the  previous  report.  The  Bank  Commissioners  shall  have  the  power, 
and  it  is  hereby  made  their  duty,  to  examine  the  condition  of  the  affairs 
of  every  such  person,  partnership,  association,  or  corporation  in  liquida- 
tion, in  the  same  manner  as  in  case  of  solvent  banks,  businesses,  and 
institutions,  and  they  shall  have  a  general  supervision  of  the  affairs  of 
such  person,  partnership,  association,  or  corporation  in  liquidation. 
They  shall  have  the  power  to  limit  the  number  of  employes  necessary 
to  close  up  the  business  of  any  such  person,  partnership,  association,  or 
corporation  in  liquidation,  and  also  to  limit  the  salaries  of  the  same, 
and  shall  do  all  in  their  power  to  make  such  liquidation  as  economical 
and  as  expeditious  as  the  interests  of  the  creditors,  depositors,  and  stock- 
holders will  admit.  If  any  officer  or  employe  of  any  association  or 
corporation  solvent,  insolvent,  or  in  liquidation,  or  if  any  other  person, 
shall  refuse  to  comply  with  the  provisions  of  this  section,  or  disregard 
or  refuse  to  obey  the  directions  of  said  Bank  Commissioners,  given  in 
accordance  with  the  provisions  of  this  article,  such  person,  officer,  or 
employe  shall  be  punished  by  a  fine  not  exceeding  five  thousand  dollars, 
or  by  imprisonment  in  the  county  jail  not  exceeding  one  year,  or  by 
both  such  fine  and  imprisonment.  When  the  receiver  herein  provided 
for  shall  have  been  appointed  and  qualified,  the  duties  of  the  Attorney- 
General  shall  end,  and  the  court  may,  in  its  discretion,  on  application 
of  the  Bank  Commissioners  or  of  the  receiver,  appoint  an  attorney  to 
act  further  in  the  proceeding.  All  salaries  and  expense  of  conducting 
such  affairs  in  liquidation,  shall  be  paid  from  the  business  in  liquida- 


POLITICAL   CODE.  181 

tion,  on  approval  by  the  Bank  Commissioners  and  on  order  of  the  court 
made  therein. 

Section  561.     To  be  amended  to  read  as  follows: 
Conduct  of  affairs  when  in  voluntary  liquidation. 

Sec.  561.  Whenever  any  person,  partnership,  association,  or  corpora- 
tion mentioned  in  section  five  hundred  and  fifty-six  of  this  Code  shall 
determine  to  go  into  voluntary  liquidation,  before  taking  any  further 
step  to  that  end,  he  or  they  shall  notify  the  Bank  Commissioners  by 
written  notice  of  such  determination,  and  such  notice  shall  be  accom- 
panied by  a  full  and  complete  statement  of  their  financial  condition  as 
required  in  section  five  hundred  and  fifty-nine  of  this  Code.  If  the  Bank 
Commissioners,  on  examination  of  the  affairs  of  the  person,  partnership, 
association,  or  corporation,  deem  it  safe  and  in  the  interest  of  creditors 
that  the  person,  partnership,  or  officers  or  directors  of  the  association  or 
corporation  should  conduct  the  business  thereof  in  liquidation,  they  shall 
grant  permission  to  do  so,  and  shall  file  a  copy  of  the  permission  given, 
together  with  the  notice  and  statement  served  upon  them  by  the  person, 
partnership,  association,  or  corporation  desiring  to  go  into  voluntary 
liquidation,  in  the  Superior  Court  of  the  county  in  which  the  business  of 
such  party  is  located.  Such  proceeding  in  the  Superior  Court  shall  be 
entitled,  "In  the  matter  of  the  voluntary  liquidation  of ." 

If  it  shall  appear  to  the  court,  at  any  time  after  the  filing  of  the  notice, 
statement,  and  permission  herein  provided  for,  and  during  the  liquida- 
tion, from  the  petition  of  one  or  more  of  the  Bank  Commissioners,  or 
any  interested  party,  that  the  person  or  member  or  members  pf  the 
partnership,  or  the  directors  or  trustees,  or  other  officers  or  employes  of 
any  association  or  corporation,  have  been  guilty  of  fraud,  malversation, 
or  criminal  negligence,  or  that  any  of  them  are  not  the  proper  persons  to 
be  entrusted  with  the  closing  of  the  affairs  and  business  of  such  person, 
partnership,  association,  or  corporation,  in  the  interest  of  the  depositors, 
creditors,  or  stockholders  thereof,  the  said  court  shall  cause  to  be  issued 
and  served  upon  said  person,  persons,  officers,  directors,  trustees,  or 
employes,  or  any  of  them,  an  order  to  show  cause  why  they,  or  any  or  all 
of  them,  should  not  be  removed  from  office,  or  from  all  participation  in 
the  closing  of  such  business  and  affairs,  which  order  shall  briefly  recite 
the  grounds  of  the  application,  and  shall  be  returned  at  a  time  to  be 
fixed  by  the  court;  and  if,  upon  the  hearing,  the  court  shall  find  that 
such  person,  persons,  officers,  directors,  trustees,  or  employes,  or  any 
of  them,  ought  to  be  removed  from  office,  or  from  further  participation 
in  the  closing  of  such  business  and  affairs,  it  shall  enter  its  order  of 
removal  accordingly,  which  order  shall  be  final  in  the  premises;  and 
the  court  shall,  by  an  order  entered  in  the  proceeding,  appoint  a  suc- 
cessor for  any  officer  so  removed;  and  the  court  shall  also  have  power 


182  PROPOSED    AMENDMENTS   TO   THE 

in  like  manner  to  fill  all  vacancies  occurring  in  the  board,  and  to  appoint 
directors  or  trustees  in  their  place,  when,  from  any  cause,  there  are  no 
directors  or  trustees,  or  not  sufficient  number  thereof  to  constitute  a 
quorum* for  the  transaction  of  the  business;  or  when,  from  any  cause, 
there  are  no  directors  or  trustees,  the  court  may  order  an  election  by 
the  members  or  stockholders  of  such  association  or  corporation,  to  be 
held  according  to  law. 

Subject  to  this  right  of  removal  and  appointment,  all  persons,  part- 
nerships, associations,  or  corporations  engaged  in  or  conducting  a  bank- 
ing business,  or  publicly  receiving  moneys  or  credits  on  deposit,  when 
permitted  to  go  into  voluntary  liquidation,  shall  be  permitted  to  con- 
tinue the  management  of  the  affairs  of  such  person,  partnership,  asso- 
ciation, or  corporation,  during  the  process  of  liquidation,  under  the 
direction  of  the  Bank  Commissioners,  but  not  otherwise. 

The  affairs  of  every  person,  partnership,  association,  or  corporation 
mentioned  in  this  article,  which  may  hereafter  be  permitted  to  go  into 
liquidation,  shall  be  closed,  and  the  business  thereof  settled,  within  three 
years  from  the  time  it  shall  enter  into  liquidation,  unless  at  the  expira- 
tion of  such  time  it  shall  obtain  the  consent,  in  writing,  from  a  majority 
of  the  Board  of  Bank  Commissioners,  to  continue  in  liquidation  for  the 
period  of  one  year  longer. 

Every  person,  partnership,  association,  or  corporation  mentioned 
herein,  that  hereafter  goes  into  liquidation,  shall  make  report  of  the 
condition  of  its  affairs  to  the  Bank  Commissioners  in  the  same  manner 
as  the  solvent  banks  mentioned  in  this  article;  and  in  addition  thereto 
shall  make  a  monthly  statement  of  the  financial  condition  up  to  the 
close  of  business  on  the  last  day  of  each  calendar  month,  and  forward 
the  same,  addressed  to  the  Bank  Commissioners,  at  their  office,  in  the 
City  of  San  Francisco.  Such  monthly  statement  shall  show  the  amount 
of  dividends  paid,  debts  collected,  and  the  amounts  realized  on  property 
sold,  if  any,  during  the  month  covered  by  such  report. 

The  Bank  Commissioners  have  the  power,  and  it  is  hereby  made  their 
duty,  to  examine  the  condition  of  the  affairs  of  every  person,  partner- 
ship, association,  or  corporation  in  process  of  voluntary  liquidation,  in 
the  same  manner  as  in  the  case  of  solvent  banks,  and  they  shall  have  a 
direct  supervision  of  the  affairs  of  any  such  person,  partnership,  associa- 
tion, or  corporation  while  in  process  of  voluntary  liquidation,  and  the 
further  power  to  limit  the  number  of  employes  thereof,  and  to  fix  the 
salaries  of  the  same.  And  they  shall  do  all  in  their  power  to  make 
such  liquidation  as  economical  and  as  expeditious  as  the  interests  of 
depositors,  creditors,  and  stockholders  will  admit. 

If  the  officers  or  employes  of  any  association,  or  corporation,  or  any 
person  whose  affairs  are  in  process  of  voluntary  liquidation,  shall  refuse 
to  comply  with  the  provisions  of  this  article,  or  shall  disregard  or  refuse 


POLITICAL   CODE.  »  183 

to  obey  the  directions  of  said  Bank  Commissioners,  given  in  accordance 
with  the  provisions  of  this  article,  such  person,  officer,  or  employe  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine  not 
exceeding  five  thousand  dollars,  or  by  imprisonment  in  the  county  jail 
not  exceeding  one  year,  or  by  both  such  fine  and  imprisonment. 

Section  562.     To  be  amended  to  read  as  follows: 
Capital  and  reserve  fund  required. 

Sec.  562.  No  person  or  partnership  engaged  in  the  business  of  bank- 
ing or  of  publicly  receiving  money  or  credits  on  deposit,  shall  receive  a 
license,  as  in  this  article  provided,  to  transact  such  business,  or  publicly 
receive  money  or  credits  on  deposit,  unless  such  person  or  partnership 
shall  have  a  bona  fide  cash  capital  of  ten  thousand  dollars,  which  shall 
not  be  reduced  during  the  continuance  of  such  business.  And  of  the 
annual  net  profits  of  such  business,  at  least  fifty  per  centum  shall  go 
into  a  reserve  fund,  which  reserve  fund  shall  not  be  diminished  or 
reduced  without  the  written  consent  of  the  Bank  Commissioners.  No 
savings  bank,  commercial  bank,  bank,  or  banking  corporation,  shall 
hereafter  be  incorporated  in  this  State  to  conduct  a  savings  bank  and  a 
commercial  bank,  or  a  savings  bank  and  any  other  banking  business, 
under  the  same  directory  or  management,  or  at  the  same  place  of  busi- 
ness where  such  commercial  or  other  banking  business  is  conducted,  or  to 
conduct  a  banking  business  in  a  city  or  town  of  five  thousand  inhab- 
itants or  under,  with. a  capital  stock  of  less  than  twenty-five  thousand 
dollars,  or  in  a  city  or  town  of  over  five  thousand,  and  not  exceeding 
ten  thousand  inhabitants,  with  a  capital  stock  of  less  than  fifty  thousand 
dollars,  or  in  a  city  or  town  of  over  ten  thousand,  and  not  exceeding 
twenty-five  thousand  inhabitants,  with  a  capital  stock  of  less  than  one 
hundred  thousand  dollars,  or  in  a  city  or  town  of  over  twenty-five 
thousand  inhabitants,  with  a  capital  stock  of  less  than  two  hundred 
thousand  dollars.  Before  the  Secretary  of  State  issues  to  any  corpora- 
tion that  proposes  to  do  a  banking  business,  his  certificate  of  the  filing 
of  the  articles  of  incorporation,  there  must  be  filed  in  his  office  the 
affidavit  of  the  persons  named  in  said  articles  as  the  first  directors  of 
the  corporation,  that  all  the  capital  stock  has  been  actually  and  in  good 
faith  subscribed,  and  at  least  fifty  per  centum  thereof  paid,  in  lawful 
money  of  the  United  States,  to  a  person  in  such  affidavit  named,  for 
the  benefit  of  the  corporation.  The  remainder  of  the  capital  stock 
must  be  paid  in  within  two  years  after  said  banking  corporation  receives 
from  the  Commissioners  its  first  license  to  transact  business,  and  if  not 
so  paid,  no  further  license  shall  be  issued  to  it. 

The  directors  of  any  savings  bank,  bank,  or  banking  corporation  hav- 
ing a  capital  stock,  may  semi-annually  declare  a  dividend  of  so  much 
of  the  net  profits  of  the  stockholders  as  they  shall  judge  expedient;  but 


184  «  PROPOSED   AMENDMENTS   TO   THE 

every  such  corporation  shall,  before  the  declaration  of  such  dividend, 
carry  at  least  one  tenth  part  of  the  net  profits  of  the  stockholders,  for 
the  preceding  half  year,  to  its  surplus  or  reserve  fund,  until  the  same 
shall  amount  to  twenty-five  per  centum  of  its  paid-up  capital  stock. 
But  the  whole,  or  any  part,  of  such  surplus  or  reserve  fund,  if  held  as 
the  exclusive  property  of  stockholders,  may  at  any  time  be  converted 
into  paid-up  capital  stock,  in  which  event  such  surplus  or  reserve  fund 
shall  be  restored  in  the  manner  above  provided,  until  it  amounts  to 
twenty-five  per  centum  of  the  aggregate  paid-up  capital  stock.  A  larger 
surplus  or  reserve  fund  may  be  created,  and  nothing  herein  contained 
shall  be  construed  as  prohibitory  thereof.  No  license  shall  be  issued  to 
any  savings  bank  violating  the  provisions  of  this  section. 

Section  563.     To  be  amended  to  read  as  follows: 
Use  of  words  or  terms  denoting  or  implying  a  banking  business. 

Sec.  563.  The  use  of  the  word  "bank,"  or  any  other  word  or  terms 
denoting  or  implying  the  conduct  of  the  business  of  banking,  or  the 
use  of  the  word  "  savings,"  alone  or  in  connection  with  other  words, 
denoting  or  implying  the  conduct  of  the  business  of  a  savings  institu- 
tion, or  a  savings  and  loan  society,  is  hereby  prohibited  to  all  persons, 
firms,  associations,  companies,  or  corporations  other  than  those  subject 
to  the  supervision  of  the  Bank  Commissioners,  or  required  by  this 
article  to  report  to  them;  and  no  license,  as  in  this  article  provided, 
shall  be  issued  by  the  commissioners  to  any  corporation  or  other 
institution  or  concern,  that  does  not  receive  money  from  the  public  as 
deposits  in  the  manner  customary  with  commercial  or  savings  banks. 
Any  person,  firm,  association,  company,  or  corporation,  not  subject  to 
the  supervision  of  the  Bank  Commissioners,  or  not  required  by  this 
article  to  report  to  them,  making  use  of  terms  or  adopting  or  employ- 
ing forms  or  methods  or  practices  of  business  implying  conduct  of  a 
bank,  savings  bank,  or  savings  and  loan  society,  as  by  means  of  signs, 
advertisements,  letterheads,  billheads,  blank  notes,  blank  receipts,  cer- 
tificates, checks,  circulars,  or  any  written  or  printed,  or  partly  written 
and  partly  printed,  paper  whatever,  having  thereon  any  artificial  or  cor- 
porate name  or  other  word  or  words  indicating  that  such  business  is 
the  business  of  a  bank,  savings  bank,  or  savings  or  loan  society,  shall 
forfeit  for  each  day  the  offense  is  continued  the  sum  of  one  hundred 
dollars,  to  be  recovered  as  provided  in  this  article. 

Section  564.     To  be  amended  to  read  as  follows: 

Sec.  564.  Whenever  any  of  the  officers,  directors,  agents,  or  employes 
of  any  commercial  bank,  or  banking  corporation,  shall  make  a  loan  of 
such  commercial  bank,  or  banking  corporation,  of  any  sum  of  money 
for  which  such  officer,  director,  agent,  or  employe  shall  give   to  such 


POLITICAL    CODE.  185 

commercial  bank,  or  banking  corporation,  a  promissory  note  or  other 
obligation  for  the  payment  of  such  loan,  such  promissory  note  or 
obligation  shall  be  approved  by  a  majority  of  the  members  of  the 
board  of  directory  of  such  bank,  who  are  not  directly  or  indirectly 
interested  in  said  loan,  and  such  approval  shall  be  indorsed  upon  such 
note  or  obligation  executed  to  the  commercial  bank,  or  banking  cor- 
poration. And  no  officer,  director,  agent,  or  employe  of  any  commer- 
cial bank,  or  banking  corporation,  shall  make  any  overdraft  in  his  own 
behalf,  or  by  his  indorsement  of  the  note  or  obligation  of  another 
person,  unless  such  indorsement  be  approved  by  a  majority  of  the 
board  of  directory,  such  approval  to  be  indorsed  upon  the  note  or 
obligation  executed  to  such  commercial  bank,  or  banking  corporation. 
The  Bank  Commissioners  shall,  upon  information  that  the  provisions 
of  this  section  have  been  violated  by  any  officer,  director,  agent,  or 
employe  of  any  commercial  bank,  or  banking  corporation,  by  petition, 
apply  to  the  Superior  Court  of  the  county  in  which  such  commercial 
bank,  or  banking  corporation,  is  located,  asking  for  the  removal  of  such 
officer,  director,  agent,  or  employe  from  the  office  held  by  such  person 
in  such  commercial  bank,  or  banking  corporation,  or  as  a  director 
thereof;  and  if  it  appear  to  the  court  that  this  section  has  been 
violated  by  such  officer,  director,  agent,  or  employe,  he  shall  be  so 
removed  and  shall  be  ineligible  to  hold  office  as  an  officer  or  director  of 
such  corporation  thereafter. 

Section  565.     To  be  amended  to  read  as  follows: 

Requirement  as  to  publication  of  statements. 

Sec.  565.  Every  person,  partnership,  association,  or  corporation,  doing 
business  under  a  license  from  the  Board  of  Bank  Commissioners,  shall, 
in  the  months  of  March  and  September  of  every  year,  publish,  in  at 
least  one  newspaper  published  in  the  county  in  which  the  principal 
place  of  business  of  such  person,  partnership,  association,  or  corpora- 
tion is  situated,  and  shall  also  file  for  record,  prior  to  such  publication, 
in  the  Recorder's  office  of  such  county,  a  statement,  verified  by  the 
person  or  partnership  conducting  such  business,  and  in  case  of  an  asso- 
ciation or  corporation,  by  its  president  or  manager,  and  by  its  secretary 
or  cashier,  and  by  a  majority  of  the  members  of  the  board  of  directors 
or  trustees  of  such  association  or  corporation,  of  the  amount  of  capital 
stock  actually  paid  into  such  association  or  corporation,  and  the  amount 
of  the  capital  so  paid  in  that  is  actually  and  continually  used  in  such 
business;  provided,  that  nothing  shall  be  deemed  capital  actually  paid 
in,  except  money  bona  fide  paid  into  and  used  in  the  business,  or  money 
bona  fide  paid  into  the  treasury  of  any  association  or  corporation,  and 
under  no  circumstances  shall  the  promissory  note,  check,  or  other  obliga- 
tion of  any  director  or  stockholder  of  any  association  or  corporation, 


186  PROPOSED    AMENDMENTS   TO   THE 

or  of  any  person  conducting  such  business,  or  of  the  member  or  members 
of  any  partnership  transacting  such  business,  be  treated,  computed,  or 
in  any  manner  considered  as  a  part  of  such  actually  paid-in  capital. 
The  statement  herein  required  to  be  published  and  verified  shall  show  the 
actual  condition  and  value  of  all  the  assets  and  liabilities  of  such  busi- 
ness, and  where  the  same  are  situated.  The  Recorder  of  every  county  in 
this  State  shall  keep  two  sets  of  well-bound  books  for  the  recording  of 
the  sworn  statements  herein  provided  for;  one  of  which  sets  of  books 
shall  be  labeled  "Statements  of  Banking  Capital,"  and  the  other 
''Statements  of  Banking  Assets";  and  said  Recorder  shall,  upon  the 
payment  of  his  fees  for  the  same,  by  the  person,  partnership,  or  institution 
making  such  statement,  record,  separately,  said  sworn  statements  in 
their  proper  book,  and  shall  keep  a  separate  index  of  each  of  said  sets 
of  books.  The  statement  herein  required  need  not  be  acknowledged 
in  order  to  be  recorded,  as  herein  provided,  or  to  be  used  as  evidence 
before  any  court  in  this  State,  and  the  original  statement  shall  always 
remain  and  be  kept  on  file  in  the  office  of  said  Recorder.  The  Recorder 
of  every  county  in  this  State  shall  receive,  for  recording  any  of  the 
sworn  statements  herein  provided  for,  to  be  paid  by  the  party  making 
such  statement,  for  every  folio,  twenty-five  cents,  and  for  noting  on  any 
such  sworn  statement  the  time  when,  and  the  place  where,  recorded, 
twenty-five  cents,  and  for  a  certified  copy  of  such  sworn  statements, 
twenty-five  cents  per  folio.  No  person,  partnership,  association,  or  cor- 
poration doing  business  under  a  license  from  the  Board  of  Bank  Com- 
missioners, shall  advertise  in  any  manner  or  publish  a  statement  of  the 
capital  stock  authorized  or  subscribed,  unless  he  advertise  and  publish  in 
connection  therewith  the  amount  of  capital  actually  paid  up.  Any  per- 
son, or  member  of  a  partnership,  officer,  manager,  agent,  or  director  of  an 
association,  or  corporation,  doing  business  under  a  license  from  the 
Board  of  Bank  Commissioners,  advertising  in  any  manner  or  publish- 
ing a  statement  of  the  capital  stock  of  such  business  or  banking  cor- 
poration, authorized  or  subscribed,  without  the  statement  in  connection 
therewith  of  the  amount  of  stock  actually  paid  up  in  cash,  and  every 
person,  or  member  of  a  partnership,  officer,  manager,  or  director  of  an 
association,  or  corporation,  who  shall  fail  to  advertise  or  publish  a  state- 
ment of  the  capital  stock  of  such  business  or  banking  corporation,  and 
of  the  assets  and  liabilities  thereof,  as  herein  provided,  shall  be  guilty 
of  a  misdemeanor,  and  shall  be  punishable  by  fine  not  exceeding  five 
thousand  dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding 
one  year,  or  by  both  such  fine  and  imprisonment. 

Note. — This  section  embraces  in  substance  the  provisions  of  an  Act  concerning 
corporations  and  persons  engaged  in  the  business  of  banking,  approved  April  1, 
1876,  and  the  repeal  of  such  Act  is  therefore  recommended.  (Banking  Act,  found 
on  page  81,  Deering's  Civil  Code.) 


POLITICAL   CODE.  187 

Section  566.     To  be  amended  to  read  as  follows: 
Action  for  collection  of  penalties  and  forfeitures. 

Sec.  566.  All  penalties  and  forfeitures  provided  for  in  this  article 
for  the  failure  to  act  as  herein  provided,  or  for  action  hereby  prohibited, 
shall  be  recovered  of  the  party  offending  by  civil  action  in  the  Superior 
Court  of  the  county  in  which  the  business  of  the  person,  partnership, 
association,  or  corporation  is  located  in  relation  to  which  the  act  was 
done  or  as  to  which  the  failure  to  act  has  occurred.  On  request  of  the 
Bank  Commissioners,  such  action  shall  be  commenced  by  the  District 
Attorney  of  such  county,  and  shall  be  conducted  to  final  judgment  by 
such  District  Attorney  as  civil  actions  for  the  recovery  of  money  are 
conducted;  provided,  that  in  every  case  but  one  action  shall  be  brought 
for  all  forfeitures  or  penalties  made  or  incurred  by  any  person  or  officer 
of  an  association  or  corporation  prior  to  the  bringing  of  such  action,  and 
for  this  purpose  all  causes  of  action  existing  against  any  person  or 
party,  for  penalties  and  forfeitures  incurred  under  this  article,  may  be 
united  in  one  suit,  but  each  distinct  cause  of  action  shall  be  separately 
stated. 

Section  567.     To  be  amended  to  read  as  follows: 
Salaries  of  Bank  Commissioners. 

Sec.  567.  The  Bank  Commissioners  shall  each  receive  a  salary  of 
three  thousand  six  hundred  dollars  per  annum,  and  necessary  traveling 
expenses,  not  to  exceed,  for  the  three  commissioners,  the  sum  of  three 
thousand  dollars  per  annum,  to  be  audited  by  the  State  Controller  and 
paid  by  the  State  Treasurer,  in  the  same  manner  as  the  salaries  and 
expenses  of  other  state  officers.  No  person,  while  holding  any  other 
office,  or  engaged  in  business  of  any  kind  requiring  his  personal  atten- 
tion between  the  hours  of  nine  a.  m.  and  four  p.  M.,  shall  serve  as  Bank 
Commissioner. 

Section  568.     To  be  amended  to  read  as  follows: 
Salaries  and  expenses. 

Sec.  568.  Tke  Bank  Commissioners  shall  have  power  to  appoint  a 
secretary,  at  a  salary  of  two  hundred  dollars  per  month.  The  said  com- 
missioners shall  keep  their  office  open  for  business  from  nine  o'clock 
a.  m.  until  four  o'clock  p.  m.,  every  day,  except  non-judicial  days.  They 
shall  procure  rooms  necessary  for  their  offices,  at  a  rent  not  to  exceed 
seventy- five  dollars  per  month.  They  may  also  provide  stationery,  fuel, 
and  other  conveniences  necessary  for  the  transaction  of  their  duties,  not 
exceeding  in  the  aggregate  the  sum  of  five  hundred  dollars  per  annum. 
All  expenditures  authorized  in  this  section  shall  be  audited  and  paid  in 
the  same  manner  as  the  salary  of  the  commissioners. 


188  PROPOSED    AMENDMENTS   TO   THE 

Section  569.     To  be  amended  to  read  as  follows: 
Bank  Commissioners'  Fund. 

Sec.  569.  To  pay  the  salaries  and  all  other  necessary  expenses  of  the 
commissioners,  as  provided  for  by  this  article,  every  person,  partnership, 
association,  or  corporation,  receiving  a  license,  shall  pay  annually,  in 
advance,  to  the  commissioners,  in  gold  coin,  its  share  of  the  amount 
required  to  pay  such  salaries  and  expenses;  the  share  to  be  paid  by  any 
person,  partnership,  association,  or  corporation  to  be  determined  by  the 
proportion  which  its  deposits  bear  to  the  aggregate  deposits  of  all  such 
persons,  partnerships,  associations,  or  corporations  receiving  licenses,  as 
shown  by  the  latest  reports  of  such  persons,  partnerships,  associations, 
or  corporations  to  the  commissioners.  Said  commissioners  shall,  upon 
demand  made  therefor,  and  without  charge,  furnish  to  every  person, 
partnership,  association,  or  corporation  mentioned  in  this  article,  copies 
of  papers,  statements,  and  reports  filed  in  their  office,  and  may,  as  pro- 
vided by  this  article,  recover  any  and  all  moneys  payable  to  them  by 
any  person,  partnership,  association,  or  corporation,  herein  mentioned; 
and  all  moneys  collected  or  received  by  such  Bank  Commissioners,  or 
either  of  them,  under  or  by  virtue  of  the  provisions  of  this  article,  shall 
be  by  them  delivered  to  the  treasurer  of  this  State,  who  shall  pay  the 
same  into  a  fund  which  is  hereby  created,  and  which  shall  be  known  as 
the  "  Bank  Commissioners'  Fund."  And  the  unexpended  balance  of  all 
moneys  heretofore  paid  into  the  state  treasury  by  said  Bank  Commis- 
sioners shall  be  transferred  to  said  fund  and  become  a  part  thereof. 

Note.— This  article,  "  Board  of  Bank  Commissioners,"  Section  555  to  Section  569 
inclusive,  is  constructed  on  the  Bank  Commissioners  Act  as  amended  in  1895.  It  is 
sought  to  make  definite  the  authority  of  the  Bank  Commissioners  in  protecting  the 
interests  of  creditors  and  stockholders,  and  provides  for  the  closing  up  of  the  affairs 
of  persons  or  corporations  doing  a  banking  business,  by  the  Commissioners,  when 
they  determine  the  business  of  such  institution  to  be  unsafe,through  the  local  court, 
but  under  such  a  general  supervision  by  the  Bank  Commissioners  that  any  waste 
or  dissipation  of  funds  or  assets  may  be  brought  immediately  to  the  attention  of 
the  court.  It  provides  that  in  case  of  voluntary  liquidation  persons  or  corpora- 
tions closing  up  tbeir  affairs  will  be  under  the  direct  control  and  supervision  of 
the  Bank  Commissioners;  that  savings  banks  cannot  be  merged  in  commercial 
banks  ;  that  officers  and  directors  cannot  make  loans  unless  the  note  or  obligation 
to  the  corporation  is  approved  by  a  majority  of  the  directory ;»  and  overdrafts  are 
prohibited.  The  provisions  of  the  Act  of  April  1,  1876,  concerning  persons  and 
corporations  engaged  in  the  business  of  banking,  have  been  embodied  in  this 
article,  and  we  would  recommend  the  repeal  of  that  Act  as  being  of  no  further 
necessity.  The  Act  of  March  29,  1878,  to  protect  stockholders  and  persons  dealing 
with  corporations  of  this  State,  has  been,  in  substance,  embodied  in  a  new  section 
of  the  Penal  Code.  The  previous  sections  constituting  Article  XIV,  being  Sections 
561  to  567,  have  been  transferred  to  and  constitute  Article  XIII  hereof. 

Sections  577,  578,  579,  580,  581,  582,  583,  and  584  to  be  repealed. 

Note.— The  office  of  Inspector  of  Gas  Meters  and  the  system  of  inspection  pro- 
vided for  in  the  foregoing  sections  is  in  conflict  with  Article  XI,  Section  14,  of  the 
Constitution. 


POLITICAL   CODE.  189 

Section  611.     To  be  amended  to  read  as  follows: 
Statement,  what  to  contain — Publication  and  filing. 

Sec.  611.  The  statement  mentioned  in  the  preceding  section  must 
exhibit  the  financial  condition  and  the  affairs  of  every  such  corporation, 
person,  firm,  or  association  on  the  first  Monday  in  March  of  each  and 
every  year  and  for  the  year  then  next  preceding,  and  must  be  filed  with 
the  Insurance  Commissioner,  as  follows: 

1.  If  made  by  a  person  or  corporation  organized  under  the  laws  of 
this  State,  such  statement  must  be  filed  with  the  Insurance  Commis- 
sioner on  or  before  the  twentieth  day  of  March  of  each  year; 

2.  If  made  by  a  person  or  corporation  organized  under  the  laws  of  any 
other  of  the  States  or  Territories  of  the  United  States,  such  statement 
must  be  filed  with  the  Insurance  Commissioner  on  or  before  the  first  day 
of  April  of  each  year; 

3.  If  made  by  a  person  or  corporation  organized  under  the  laws  of  any 
country  foreign  to  the  United  States,  such  statement  must  be  filed  with 
the  Insurance  Commissioner  on  or  before  the  twentieth  day  of  April  of 
each  year. 

The  statement  herein  mentioned,  when  adjusted  by  the  Insurance 
Commissioner,  must  be  published  by  such  corporation,  person,  firm,  or 
association,  daily,  for  the  period  of  one  week,  in  some  newspaper  pub- 
lished in  the  city  where  the  principal  office  of  such  corporation,  person, 
firm,  or  association  is  located. 

Note.— The  change  is  to  fix  time  of  filing  statement  to  meet  changes  in  the 
revenue  laws. 

Section  612.     To  be  amended  to  read  as  follows: 

Statement,  what  to  show. 

Sec.  612.  Such  statement,  if  made  by  a  fire,  marine,  or  inland  insur- 
ance company*,  fidelity,  steam-boiler,  plate-glass,  or  title  insurance  com- 
pany, or  by  companies  organized  under  section  four  hundred  and 
twenty  of  the  Civil  Code,  must  show: 

First_The  amount  of  the  capital,  or  capital  stock,  specifying: 

1.  The  number  of  shares  into  which  such  capital  stock  is  divided; 

2.  The  par  value  of  each  share  of  such  capital  stock; 

3.  The  number  of  shares  of  such  capital  stock  held  by  subscribers  or 
purchasers  thereof; 

4.  The  amount  of  cash  actually  paid  into  the  treasury  of  the  associa- 
tion, or  corporation. 

Second— The  property  or  assets  held  by  the  company,  specifying: 

1.  The  value  of  real  estate  held  by  such  company; 

2.  The  amount  of  cash  on  hand  and  deposited  in  banks  to  the  credit 
of  the  company,  specifying  the  same; 


190  PROPOSED    AMENDMENTS   TO   THE 

3.  The  amount  of  cash  in  the  hands  of  agents,  and  in  course  of  trans- 
mission ; 

4.  The  amount  of  loans  secured  by  bonds  and  mortgages  constituting 
the  first  lien  on  real  estate,  on  which  there  is  less  than  one  year's 
interest  due  or  owing; 

5.  The  amount  of  loans  on  which  interest  has  not  been  paid  within 
one  year  previous  to  such  statement; 

6.  The  amount  due  the  company  on  which  judgments  have  been 
obtained; 

7.  The  amount  of  stocks  of  this  State,  of  the  United  States,  or  of  any 
incorporated  city  of  this  State,  and  of  any  other  stock  owned  by  the 
company,  specifying  the  amount,  number  of  shares,  and  par  and  market 
value  of  each  kind  of  stocks; 

8.  The  amount  of  stocks  held  as  collateral  security  for  loans,  with  the 
amount  loaned  on  each  kind  of  stock,  its  par  value  and  market  value; 

9.  The  amount  of  interest  due  and  unpaid; 

10.  The  amount  of  all  other  loans  made  by  the  company,  specifying 
the  same; 

11.  The  amount  of  premium  notes  on  hand  on  which  policies  are 
issued; 

12.  All  other  property  belonging  to  the  company,  specifying  the  same. 
Third — The  liabilities  of  such  company,  specifying: 

1.  The  amount  of  losses  due  and  unpaid; 

2.  The  amount  of  claims  for  losses  resisted  by  the  company; 

3.  The  amount  of  losses  in  process  of  adjustment,  or  in  suspense, 
including  all  reported  or  supposed  losses; 

4.  The  amount  of  dividends  declared,  due,  and  remaining  unpaid; 

5.  The  amount  of  dividends  declared,  but  not  due; 

6.  The  amount  of  money  borrowed  and  security  given  for  the  pay- 
ment thereof; 

7.  Gross  premiums  (without  any  deductions)  received  and  receivable 
upon  all  unexpired  fire  risks  running  one  year  or  less  from  date  of 
policy,  reinsurance  thereon  at  fifty  per  cent; 

8.  Gross  premiums  (without  any  deductions)  received  and  receivable 
upon  all  unexpired  fire  risks  running  more  than  one  year  from  date  of 
policy,  reinsurance  thereon  pro  rata; 

9.  Gross  premiums  (without  any  deductions)  received  and  receivable 
upon  all  unexpired  marine  and  inland  navigation  risks,  except  time 
risks,  reinsurance  thereon  at  one  hundred  per  cent; 

10.  Gross  premiums  (without  any  deductions)  received  and  receivable 
on  marine  time  risks,  reinsurance  thereon  at  fifty  per  cent; 

11.  Amount  reclaimable  by  the  insured  on  perpetual  fire  insurance 
policies,  being  ninety-five  per  cent  of  the  premiums  or  deposit  received; 


POLITICAL   CODE.  191 

12.  Reinsurance  fund  and  all  other  liabilities,  except  capital,  under 
the  life  insurance  or  any  other  special  department; 

13.  Unused  balances  of  bills  and  notes  taken  in  advance  for  pre- 
miums on  open  marine  and  inland  policies,  or  otherwise,  returnable  on 
settlement; 

14.  Principal  unpaid  on  scrip  or  certificates  of  profits,  which  have 
been  authorized  or  ordered  to  be  redeemed; 

15.  Amount  of  all  other  liabilities  of  the  company,  specifying  the 
same; 

Fourth — The  income  of  the  company  during  the  preceding  year, 
specifying: 

1.  The  amount  of  cash  premiums  received; 

2.  The  amount  of  notes  received  for  premiums; 

3.  The  amount  of  interest  money  received,  specifying  the  same; 

4.  The  amount  of  income  received  from  all  other  sources,  specifying 
the  same. 

Fifth — The  expenditures  of  the  preceding  year,  specifying: 

1.  The  amount  of  losses  paid; 

2.  The  amount  of  dividends  paid; 

3.  The  amount  of  expenses  paid,  including  commissions  and  fees  to 
agents  and  officers  of  the  company; 

4.  The  amount  paid  for  taxes; 

5.  The  amount  of  all  other  payments  and  expenditures; 
Sixth — 1.  The  amount  of  risks  written  during  the  year; 

2.  The  amount  of  risks  expired  during  the  year; 

3.  The  amount  of  risks  written  during  the  year  in  the  State  of 
California; 

4.  The  amount  of  premiums  thereon. 

Note.— The  amendment  requires  the  statement  to  be  made  by  fidelity,  steam- 
boiler,  plate-glass,  and  title  insurance  companies,  and  adds  the  specifications  1,  2, 
3,  and  4,  first  subdivision.  This  is  done  to  meet  the  requirements  of  the  revenue 
laws  and  to  facilitate  the  work  of  the  Assessor. 

Section  613.     To  be  amended  to  read  as  follows: 
Statement  by  life,  health,  and  accident  companies. 

Sec.  613.  Such  statement,  if  made  by  life,  health,  accident,  or  assess- 
ment life  companies,  must  show: 

First— The  amount  of  capital,  or  capital  stock,  of  the  company, 
specifying: 

1.  The  number  of  shares  into  which  such  capital  stock  is  divided; 

2.  The  par  value  of  each  share  of  such  capital  stock; 

3.  The  number  of  shares  of  such  capital  stock  held  by  subscribers  or 
purchasers  thereof; 

4.  The  amount  of  cash  actually  paid  into  the  treasury  of  the  associa- 
tion or  corporation. 


192  PROPOSED   AMENDMENTS    TO   THE 

Second — The  property  or  assets  held  by  the  company,  specifying: 

1.  The  value  of  the  real  estate  held  by  the  company; 

2.  The  amount  of  cash  on  hand  and  deposited  in  banks  to  the  credit 
of  the  company,  specifying  the  same; 

3.  The  amount  of  loans  secured  by  bonds  and  mortgages  on  real 
estate,  specifying  the  same; 

4.  Amount  of  loans  secured  by  pledge  of  bonds,  stocks,  or  other 
marketable  securities  as  collateral,  specifying  the  same; 

5.  Cash  market  value  of  all  stocks  and  bonds  owned  by  the  company,, 
specifying  the  same; 

6.  Interest  due  the  company  and  unpaid; 

7.  Interest  accrued  but  not  due; 

8.  Premium  notes  and  loans  in  any  form  taken  in  payment  of 
premium's  on  policies  now  in  force; 

9.  Gross  amount  of  premiums  in  process  of  collection  and  transmis- 
sion on  policies  in  force; 

10.  Gross  amount  of  deferred  premiums; 

11.  All  other  assets,  specifying  the  same; 

Third — Liabilities.  1.  Claims  for  death  losses  and  matured  endow- 
ments, due  and  unpaid; 

2.  Claims  for  death  losses  and  matured  endowments  in  process  of 
adjustment,  or  adjusted  and  not  due; 

3.  Claims  resisted  by  the  company; 

4.  Amount  due  and  unpaid  on  annuity  claims; 

5.  Trust  fund  on  deposit,  or  net  present  value  of  all  the  outstanding 
policies,  computed  according  to  the  American  experience  tables  of  mor- 
tality, with  four  and  one-half  per  cent  interest; 

6.  Additional  trust  fund  on  deposit,  or  net  present  value  of  extra  and 
special  risks,  including  those  on  impaired  lives; 

7.  Amount  of  all  unpaid  dividends  of  surplus  percentages,  bonuses, 
and  other  description  of  profits  to  policy-holders,  and  interest  thereon; 

8.  Amount  of  any  other  liability  to  policy-holders  or  annuitants,  not. 
included  above; 

9.  Amount  of  dividends  unpaid  to  stockholders; 

10.  Amount  of  national,  state,  and  other  taxes  due; 

11.  All  other  liabilities,  specifying  the  same. 

Fourth — Income.  1.  Cash  received  for  premiums  on  new  policies 
during  the  year; 

2.  Cash  received  for  renewal  of  premiums  during  the  year; 

3.  Cash  received  for  purchase  of  annuities; 

4.  Cash  received  for  all  other  premiums; 

5.  Cash  received  for  interest  on  loans,  specifying  the  same; 

6.  Rents  received; 

7.  Cash  received  from  all  other  sources,  specifying  the  same;. 


POLITICAL   CODE.  193 

8.  Gross  amount  of  notes  taken  on  account  of  new  premiums; 

9.  Gross  amount  of  notes  taken  on  account  of  renewal  premiums. 
Fifth — Expenditures.     1.  Cash  paid  for  losses; 

2.  Cash  paid  to  annuitants; 

3.  Cash  paid  for  lapsed,  surrendered,  and  purchased  policies; 

4.  Cash  paid  for  dividends  to  policy-holders; 

5.  Cash  paid  for  dividends  to  stockholders; 

6.  Cash  paid  for  reinsurances; 

7.  Commission  paid  to  agents; 

8.  Salaries  and  other  compensation  of  officers  and  employes,  except 
agents  and  medical  examiners; 

9.  Medical  examiners'  fees  and  salaries; 

10.  Cash  paid  for  taxes; 

11.  Cash  paid  for  rents; 

12.  Cash  paid  for  commuting  commissions; 

13.  All  other  cash  payments; 

Sixth — Balance-sheet  of  premium  note  account. 
Seventh — Balance-sheet  of  all  the  business  of  the  company. 
Eighth — 1.  Total  amount  of  insurance  effected  during  the  year  on 
new  policies; 

2.  Total  amount  of  insurance  effected  during  the  year  in  the  State 
of  California; 

3.  Premiums  received  during  the  year  on  risks  written  in  the  State 
of  California. 

Note. — As  amended,  assessment,  life,  and  accident  companies  are  added  to  those 
required  to  make  this  statement;  also,  specifications  1,  2,  3,  and  4,  as  in  preceding 
section,  and  for  the  same  purpose. 

Section  625.     To  be  amended  to  read  as  follows: 
Insurance  Commissioner  to  furnish  Assessor  with  certain  information. 

Sec.  625.  The  Insurance  Commissioner  must,  within  five  days  after 
the  filing  in  his  office  of  any  of  the  statements  required  to  be  therein 
filed  by  the  provisions  of  section  six  hundred  and  eleven  of  this  Code, 
furnish  a  copy  of  such  statement  to  the  Assessor  of  the  county  in  which 
the  principal  office  of  the  person  or  corporation  doing  the  business  of 
insurance  and  filing  such  statement  is  situated,  and  when  so  requested 
by  any  Assessor,  the  Insurance  Commissioner  shall  furnish  such  Assessor 
all  of  the  data  concerning  premiums  collected  by  such  person  or  cor- 
poration and  all  other  necessary  information  in  relation  to  the  business 
of  such  person  or  corporation  as  will  assist  the  Assessor  in  the  perform- 
ance of  the  duties  of  his  office. 


13- 


194  PROPOSED   AMENDMENTS   TO   THE 

Section  635.     A  new  section  to  be  added  to  read  as  follows : 
Uniform  policy  of  fire  insurance. 

Sec.  635.  The  Insurance  Commissioner  shall  prepare  and  file  in  his 
office,  on  or  before  the  first  day  of  June,  eighteen  hundred  and  ninety- 
seven,  a  printed  form,  in  blank,  of  a  contract  or  policy  of  fire  insurance, 
together  with  such  agreement,  provisions,  or  conditions  as  may  be 
indorsed  thereon,  or  added  thereto,  and  form  a  part  of  such  contract  or 
policy;  and  such  form,  when  so  filed,  shall  be  known  and  designated 
as  the  "  California  standard  fire  insurance  policy,"  and  such  form  shall, 
as  near  as  can  be  made  applicable,  conform  to  the  New  York  standard 
fire  insurance  policy,  so  called  and  known.  Immediately  after  filing 
said  form  of  policy  in  the  office  of  said  Insurance  Commissioner,  he  shall 
have  five  hundred  copies  of  the  same  printed,  and  mail  a  copy  of  the 
same  to  each  company  doing  a  fire  insurance  business  in  this  State. 

Note.— This  section  is  to  be  taken  in  connection  with  the  proposed  Section  431 
of  the  Civil  Code. 

ARTICLE  XVIII. 

BOARD    OF   EXAMINERS. 

« 

Section  680.     To  be  amended  to  read  as  follows: 

Sec.  680.  Whenever  and  as  often  as  there  is  in  the  state  treasury 
the  sum  of  ten  thousand  dollars  as  the  proceeds  of  the  sale  of  state 
school  lands,  the  board  must  invest  the  same  in  bonds  of  the  State  of 
California,  or  in  the  county  or  consolidated  city  and  county  bonds  of 
this  State,  or  in  the  bonds  of  the  cities  of  the  State  of  California,  or  in 
the  bonds  of  the  United  States;  the  investments  to  be  made  in  such 
manner  and  on  such  terms  as  the  board  shall  deem  for  the  best  interests 
of  the  state  school  fund;  provided,  that  no  bonds  of  any  county,  or  city 
and  county,  or  city  shall  be  purchased  of  which  the  debt,  debts,  or 
liabilities  at  the  time  exceed  fifteen  per  cent  of  the  assessed  value  of  the 
taxable  property  of  said  county,  city  and  county,  or  city. 

Note.— Amended  by  dropping  the  designation  "civil  funded  bonds,"  the  mean- 
ing of  which  is  obscure,  and  enlarging  the  scope  of  investment  to  include  city- 
bonds. 

Section  686.     A  new  section  to  be  added,  to  read  as  follows: 
To  prescribe  a  uniform  system  of  accounts. 

Sec.  686.  A  uniform  system  of  books  of  account,  blanks,  payrolls, 
reports,  accounts,  and  records  shall  be  adopted  by  all  officers,  boards, 
commissions,  trustees,  and  institutions  supported  by  state  funds,  or 
money  appropriated  by  the  State,  and  chargeable  with  accounting  for 
their  expenditures  to  the  State  Board  of  Examiners.  The  State  Board 
of  Examiners  shall  prescribe  and  prepare  a  form  of  such  books  of  account, 


POLITICAL   CODE.  195 

reports,  payrolls,  vouchers,  blanks,  records,  and  forms  as  shall  be  neces- 
sary to  effect  such  uniformity,  and  shall  supply  a  copy  thereof  to  the 
boards,  officers,  commissions,  trustees,  or  institutions  which  are  to  use 
the  same,  and  thereafter  such  boards,  officers,  commissions,  trustees,  or 
institutions  shall  use  the  same,  and  no  other. 


ARTICLE  XIX. 

POWERS    AND    DUTIES    OP    OTHER   EXECUTIVE    OFFICERS. 

Section  695.     To  be  amended  to  read  as  follows: 

Sec.  695.  The  secretary  of  the  State  Board  of  Health  is  ex  officio 
vaccine  agent.  His  powers  and  duties  as  such  are  prescribed  by  sec- 
tions twenty-nine  hundred  and  ninety-three  and  twenty-nine  hundred 
and  ninety-four  of  this  Code. 

Section  696.  To  be  repealed  to  conform  to  the  amendment  of  Sec- 
tion 368  and  repeal  of  Sections  2949  to  2969. 

ARTICLE  I. 

CLERK   OF   THE    SUPREME   COURT. 

Section  749.     To  be  amended  to  read  as  follows: 

Sec.  749.  The  Clerk  of  the  Supreme  Court  is  elected  at  the  same 
time,  and  in  the  same  manner,  as  the  Governor  is  elected,  and  holds 
his  office  for  the  same  term. 

Note.— Amended  to  conform  to  the  requirements  of  Section  20,  Article  XX,  of 
the  Constitution,  relating  to  the  time  of  commencement  of  term. 

ARTICLE  II. 
REPORTER    OF    THE    SUPREME   COURT. 

Section  767.     To  be  amended  to  read  as  follows: 

Sec.  767.     The  justices  of  the  Supreme  Court  shall  appoint  a  reporter 

of  the  decisions  of  the  Supreme  Court,  who  shall  hold  his  office  and  be 

removable  at  their  pleasure. 

Note.— Amended  to  conform  to  the  provisions  of  Article  VI,  Section  21,  of  the 
Constitution. 


196  PROPOSED    AMENDMENTS    TO   THE 

ARTICLE  I. 
DISQUALIFICATIONS. 

Section  841.     To  be  amended  to  read  as  follows: 

Sec.  841.  No  person  is  capable  of  holding  a  civil  office,  who,  at  the 
time  of  his  election  or  appointment,  is  not  of  the  age  of  twenty-one 
years,  and  a  citizen  of  this  State.  Women  over  the  age  of  twenty-one 
years,  who  are  citizens  of  the  United  States,  and  of  this  State,  shall  be 
eligible  to  all  educational  offices  within  this  State,  except  those  from 
which  they  are  excluded  by  the  constitution. 

Note.— The  amendment  consists  in  adding  to  the  section  as  it  originally  existed 
the  provisions  of  the  Act  of  March  12, 1874  (Stats.  1873-74,  page  356). 

ARTICLE  II. 
RESTRICTIONS    UPON   THE    RESIDENCE   OF    OFFICERS. 

Section  852.     To  be  amended  to  read  as  follows: 

Sec.  852.  The  following  officers  must  reside  at  and  keep  their  offices 
in  the  City  of  Sacramento:  The  Governor,  Secretary  of  State,  Con- 
troller, State  Treasurer,  Attorney-General,  Surveyor-General,  Superin- 
tendent of  State  Printing,  Superintendent  of  Public  Instruction,  and 
the  Adjutant-General. 

ARTICLE  III. 

POWERS   OF   DEPUTIES. 

Section  865.     To  be  amended  to  read  as  follows: 

Sec.  865.  In  all  cases  not  otherwise  provided  for,  each  deputy,  or  in 
case  there  be  no  deputy,  then  the  chief  clerk,  possesses  the  powers  and 
may  perform  the  duties  attached  by  law  to  the  office  of  his  principal. 

ARTICLE  X. 
resignations,  vacancies,  and  the  mode  of  supplying  them. 

Section  1001.     To  be  amended  to  read  as  follows: 

Sec.  1001.  A  vacancy  in  the  office  of  either  the  Secretary  of  State, 
Controller,  Treasurer,  Attorney-General,  Surveyor-General,  Clerk  of 
the  Supreme  Court,  Superintendent  of  Public  Instruction,  or  Super- 
intendent of  State  Printing,  must  be  filled  by  a  person  appointed  by 
the  Governor,  who  shall  hold  his  office  for  the  balance  of  the  unexpired 

term. 

Note—  The  amendment  consists  in  providing  for  filling  a  vacancy  in  the  offices 
of  Superintendent  of  State  Printing  and  Superintendent  of  Public  Instruction. 


POLITICAL    CODE.  197 


CHAPTER   I. 


ARTICLE  II. 


ELECTION   PROCLAMATION. 


Section  1054.     To  be  amended  to  read  as  follows: 
Sec.  1054.     Such  proclamation  must  contain: 

1.  A  statement  of  the  time  of  election  and  of  the  offices  to  be  filled; 

2.  Whenever  the  Legislature,  at  its  session  preceding  any  general 
election,  shall  have  proposed  any  amendments  to  the  constitution  of 
this  State,  or  any  other  question,  for  submission  to  the  qualified  electors 
of  this  State,  the  Governor  shall  include  such  proposed  amendments  or 
other  question  in  such  proclamation,  numbering  them,  respectively,  in 
the  order  of  their  adoption  by  the  Legislature,  and  giving  them  the 
additional  designation  of  the  number  given  them  by  the  Legislature. 
In  such  proclamation,  after  such  proposed  amendments  or  other  ques- 
tion has  been  set  forth,  the  same  shall  be  restated  by  number,  including 
number  given  by  the  Legislature,  in  manner  and  form  as  the  same  shall 
appear  upon  the  ballot.  Such  form  shall  be  substantially  as  follows? 
the  proper  numbers  to  be  inserted:  "  Amendment  Number  — — ,  being 

(Senate  or  Assembly)  Constitutional  Amendment  No. .     (Then  a 

short  statement  or  syllabus  of  the  purposes  or  object  of  the  amendment 
is  to  be  inserted  in  brackets.)  For  the  Amendment? "  The  words 
"Yes"  and  "No"  are  then  to  be  inserted  in  manner  and  form  as 
provided  in  section  eleven  hundred  and  ninety-seven  of  this  Code; 

3.  An  offer  of  a  reward  in  the  following  form:  "I  do  hereby  offer  a 
reward  of  one  hundred  dollars  for  the  arrest  and  conviction  of  any 
and  every  person  violating  any  of  the  provisions  of  title  four,  part 
one  of  the  Penal  Code,  such  rewards  to  be  paid  until  the  total  amount 
hereafter  expended  for  the  purpose  reaches  the  sum  of  ten  thousand 
dollars." 

Section  1055.     To  be  amended  to  read  as  follows: 

Sec.  1055.  The  Board  of  Supervisors,  upon  the  receipt  of  such  proc- 
lamation, must,  in  case  of  general  or  special  elections,  cause  a  copy  of 
the  same  to  be  published  in  some  newspaper  printed  in  the  county,  if 
any,  and  to  be  posted  at  each  place  of  election  at  least  ten  days  before 
the  election;  and  in  case  of  special  elections  to  fill  a  vacancy  in  the 
office  of  State  Senator  or  member  of  Assembly,  the  Board  of  Super- 
visors, upon  receipt  of  such  proclamation,  may,  in  their  discretion, 


198  PROPOSED   AMENDMENTS   TO   THE 

cause  a  copy  of  the  same  to  be  published  or  posted  as  hereinbefore 
provided,  except  that  such  publication  or  posting  need  not  be  made  for 
a  longer  period  than  five  days  before  such  election. 

Note.— Amended  by  changing  the  word  "may"  to  "must." 


CHAPTER   III. 

REGISTRATION   OF    ELECTORS. 

Section  1083.     To  be  amended  to  read  as  follows: 

Sec.  1083.  Every  male  citizen  of  the  United  States,  every  male  person 
who  shall  have  acquired  the  right  of  citizenship  under  or  by  virtue  of 
the  treaty  of  Queretaro,  and  every  male  naturalized  citizen  thereof,  who 
shall  have  become  such  ninety  days  prior  to  any  election,  of  the  age  of 
twenty-one  years,  who  shall  have  been  a  resident  of  the  State  one  year 
next  preceding  the  election,  and  of  the  county  in  which  he  claims  his 
vote  ninety  days,  and  in  the  election  precinct  thirty  days,  and  whose 
name  shall  be  enrolled  on  the  great  register  of  such  county,  as  provided 
for  in  section  ten  hundred  and  ninety-four  of  this  Code,  shall  be  a  qual- 
ified elector  at  any  and  all  elections  held  within  the  county,  city  and 
county,  city,  town,  or  district  within  which  such  elector  resides. 
Note.— Amended  to  prevent  conflict  with  Section  1094. 

CHAPTER  V. 

BOARD    OF   ELECTION. 

Section  1144.     To  be  amended  to  read  as  follows: 

Sec.  1144.  If  the  Board  of  Supervisors  fail  to  appoint  the  board  of 
election,  or  all  the  members  of  said  board  fail  to  attend  at  the  hour  set 
for  the  opening  of  the  polls  on  election  day,  the  electors  of  the  precinct 
present  at  that  hour  may  appoint  or  elect  the  board.  If  part  only  of 
the  board  of  election  are  present  at  the  hour  of  opening  the  polls,  any 
two  members  so  present,  of  opposite  political  faith,  shall  proceed  to  fill 
the  vacancies  on  the  board;  provided,  that  in  each  case  the  partisan 
qualifications  required  by  section  eleven  hundred  and  forty-two  of  this 
Code  be  present  in  any  person  elected  to  fill  any  such  vacancies. 

Section  1145.     To  be  amended  to  read  as  follows: 
Sec.  1145.     The  inspector  who  for  the  time  is  in  charge  of  the  ballot- 
box  and  receiving  the  ballots,  is  chairman  of  the  board,  and  may: 
1.  Administer  all  oaths  required  in  the  progress  of  an  election; 


POLITICAL   CODE. 


199 


2.  Appoint  judges  and  clerks,  if,  during  the  progress  of  an  election, 
any  judge  or  clerk  ceases  to  act. 

Note.— Amended  to  meet  the  requirements  of  Section  1142,  which  provides  for 
two  inspectors. 

CHAPTER  VII. 

POLL   LISTS. 

Section  1174.     To  be  amended  to  read  as  follows: 

Sec.  1174.  A  poll  list  shall  be  kept  by  the  clerks  of  election  as  pro- 
vided for  in  section  twelve  hundred  and  twenty-nine,  and  shall  be  sub- 
stantially of  the  following  form : 


POLL    LIST. 


Of  the  election  held  in  the   precinct   of  

,  on  the day  of ,  eighteen  hundred  and 


in   the   County  of 
.     A 


and  B  inspectors,  C  and  D  judges,  G  and  H  ballot  clerks,  and  J  and  K 
tally  clerks,  of  said  election,  were  respectively  sworn  (or  affirmed),  as 
required  by  law,  previous  to  their  entering  on  the  duties  of  their  respec- 
tive offices. 

Number  and  Names  of  Electors  Voting. 


No. 

Name. 

No. 

Name. 

1 

4 
5 
6 

2 

3 

We  hereby  certify  that  the  number  of  electors  voting  at  this  election 
in  this  precinct  amounts  to  (here  write  out  in  full  the  proper  number). 

The  County  Clerk  of  each  county  shall  furnish  to  the  board  of  elec- 
tion, at  each  precinct,  a  tally  sheet,  to  be  kept  as  provided  for  in  section 
twelve  hundred  and  fifty-eight.  Such  tally  list  or  sheet  shall  be  printed 
upon  a  good  quality  of  paper,  and  be  entitled  "  Election  return  and 

tally  list  of  votes  polled  at  the  general  election  held  in ward, 

precinct ,  County  of ,  State  of  California,  on  the  

day  of ,  18 — ."      At  the  extreme   left  of   the  sheet  shall  be   a 

column  headed  "Title  of  office,"  and  in  this  column,  immediately 
preceding  the  name  of  any  candidate  for  an  office,  shall  be  printed  the 
title  of  his  office,  or  in  case  of  officers  elected  from  minor  political 
divisions  of  a  county,  space  shall  be  left  for  writing  the  title  of  his 
office.      In  the  case  of    constitutional  amendments  or  other  question 


200  PROPOSED   AMENDMENTS   TO   THE 

to  be  voted  upon,  the  name  "Constitutional  Amendment"  or  other 
proper  descriptive  title  shall  be  printed.  Immediately  to  the  right  of  this 
column  shall  be  another  column,  at  the  head  of  which  shall  be  printed 
"  Names  of  candidates  and  parties  to  which  candidates  belong."  In  this 
column  shall  be  printed  the  names  of  all  persons  to  be  voted  for  by  the 
electors  of  the  precinct  to  which  the  tally  sheet  is  sent;  such  names  in 
such  column  to  follow  the  title  of  his  office  as  printed  in  the  first-mentioned 
column.  In  this  second  column,  and  following  their  title,  shall  be  printed 
the  name  or  title  of  the  proposed  constitutional  amendment  or  other  ques- 
tion to  be  voted  upon.  The  names  of  all  the  candidates  for  the  same 
office  shall  be  printed  in  the  column  immediately  succeeding  each  other 
and  in  exactly  the  same  order  and  arrangement  as  they  appear  upon 
the  official  ballot,  and  blank  spaces  shall  follow  each  set  of  offices,  in 
which  to  write  the  names  of  persons  voted  for  whose  names  are  not 
printed  upon  the  ballot.  In  this  second  column,  and  immediately  fol- 
lowing the  name  of  the  candidate,  shall  be  printed  his  party  name  or 
political  designation,  as  the  same  appears  upon  the  ballot.  Immediately 
following  this  second  column,  in  a  narrow  third  column,  each  line  upon 
which  the  name  of  a  candidate  has  been  printed  and  the  blank  lines 
shall  be  numbered  numerically,  commencing  at  one  and  continuing  to  the 
end  of  the  sheet.  Continuing  thence  to  the  extreme  right  of  the  sheet, 
perpendicular  lines  shall  be  drawn,  at  a  distance  of  not  more  than  one 
half  inch  apart,  parallel  with  the  before-mentioned  columns.  At  the 
head  of  each  of  the  columns  so  formed  shall  be  printed  figures,  com- 
mencing with  five  in  the  first,  ten  in  the  second,  and  thus  increasing 
in  arithmetical  progression  to  the  right  of  the  sheet,  where,  in  another 
column,  shall  be  printed  the  figures  one,  two,  three,  and  so  on  to  the  end  of 
the  sheet,  such  figures  to  correspond  with  the  figures  in  the  third  column 
hereinbefore  provided  for,  leaving  room,  on  the  extreme  right  of  the  sheet, 
to  write,  in  figures,  the  total  vote  in  that  precinct  for  each  officer  voted 
for  and  each  proposed  constitutional  amendment  or  other  question  voted 
upon.  Attached  to  this  sheet,  or  being  part  of  the  tally  list,  shall  be 
printed  a  form  under  the  general  heading  first  hereinabove  provided  for. 
Under  this  shall  be  printed  a  sub-heading,  reading  "We  hereby  certify 
that,"  and  immediately  following,  on  the  extreme  left  of  the  sheet,  shall 
be  printed  the  names  of  all  of  the  candidates  to  be  voted  for  by  the 
electors  of  the  precinct  to  which  the  sheet  is  sent;  provided,  that  the 
names  of  officers  to  be  voted  for  in  districts  less  than  a  county,  except 
members  of  the  Legislature,  need  not  be  printed,  space  being  left  for  writ- 
ing the  names  of  such  officers.  The  names  of  candidates  shall  be  printed 
on  this  part  of  the  tally  sheet  in  the  same  order  as  they  appear  upon  the 
first  part  thereof,  and  upon  the  ballot;  provided,  that  they  shall  not  be 
preceded  by  the  title  of  the  office  for  which  they  are  a  candidate,  nor  fol- 
lowed by  their  party  or  political  designation.    Immediately  to  the  right 


POLITICAL   CODE.  20t 

of  and  following  the  name  of  each  candidate  shall  be  printed  the  word 
"  received,"  after  which  shall  be  left  a  blank  space  for  writing  out  in  full 
the  number  of  votes  cast  at  such  election  for  such  candidate.  Immedi- 
ately following  this  blank  space  shall,  in  each  case,  be  printed  the  words 

"votes  for  ,"  the  blank  to  be.  filled  by  printing  the  title  of  the 

office  for  which  the  person  is  a  candidate;  after  which,  on  the  right  of 
the  sheet,  the  line  will  be  completed  by  printing  the  words  "  and  that." 
Where  proposed  constitutional  amendments  or  other  questions  have 
been  voted  upon,  the  name  or  title  of  such  proposed  amendment  or  other 
question  shall  be  printed  upon  the  extreme  left  of  the  sheet  and  under 
the  names  of  the  candidates  for  office.  The  name  or  title  of  each  of 
such  proposed  amendments  or  other  question  shall  be  printed  once,  fol- 
lowed on  the  right  by  the  word  "  Yes,"  and  immediately  under  it  on  the 
next  line  such  names  or  title  shall  be  repeated,  followed  on  the  right  by 
the  word  "  No,"  after  which  the  line  shall  be  completed  as  above  pro- 
vided in  case  of  candidates  for  office.  At  the  end  of  and  completing  the 
sheet  shall  be  printed  the  following  certificate,  to  be  signed  by  the  board 
of  election  and  the  clerks  thereof: 


"Witness  our  hands  this day  of ,  189 — . 

1    Clerks  Inspector. 


Board 


h       Qf  Inspector.  ^         of 

J  Election.  £™f®-        j   Election." 


CHAPTER  VIII. 

ELECTION   BALLOTS. 

Section  1192.     To  be  amended  to  read  as  follows: 

Sec.  1192.  Certificates  of  nomination  required  to  be  filed  with  the 
Secretary  of  State  shall  be  filed  not  less  than  sixty  days  before  the  day 
fixed  by  law  for  the  election  of  the  persons  in  nomination,  when  the 
nomination  is  made  by  a  convention;  and  not  less  than  forty  days 
before  the  day  of  election,  when  the  nomination  is  made  by  electors,  as 
provided  in  section  eleven  hundred  and  eighty-eight  of  this  Code 
Certificates  of  nomination  required  to  be  filed  with  County  Clerks, 
or  with  the  clerk  or  secretary  of  the  legislative  body  of  any  city  or  town,, 
shall  be  filed  not  less  than  thirty  days  before  the  day  of  election,  when 
the  nomination  is  made  by  a  convention;  and  not  less  than  twenty  days 
before  the  day  of  election,  when  the  nomination  is  made  by  electors. 
Should  a  vacancy  in  the  list  of  nominees  of  a  convention  occur,  such 
vacancy  may  be  filled  by  the  convention  upon  being  reconvened,  or  if  the 
power  to  fill  vacancies  has  been  delegated  to  a  committee,  such  committee 
may,  upon  the  occurrence  of  such  vacancy,  proceed  to  fill  the  same;  pro- 


202  PROPOSED   AMENDMENTS   TO   THE 

vided,  that  such  vacancy  be  filled  and  certificate  of  nomination  thereof  be 
filed  with  the  proper  officer  not  less  than  thirty  days  before  the  day  of 
election.  The  chairman  and  secretary  of  the  convention  or  of  such  com- 
mittee shall  thereupon  make  and  file  with  the  proper  officer  a  certificate 
setting  forth  the  cause  of  the  vacancy,  the  name  of  the  person  nomi- 
nated, the  office  for  which  he  was  nominated,  the  name  of  the  person 
for  whom  the  new  nominee  is  to  be  substituted,  the  fact  that  the  com- 
mittee-was authorized  to  fill  vacancies,  and  such  further  information 
and  affidavit  by  the  chairman  and  secretary  as  is  required  to  be  given 
in  an  original  certificate  of  nomination.  When  a  certificate  to  fill  any 
vacancy  shall  be  filed  with  the  Secretary  of  State,  he  shall,  in  certifying 
the  nomination  to  the  various  County  Clerks,  insert  the  name  of  the 
person  who  has  been  thus  nominated  to  fill  a  vacancy  in  the  place  of 
that  of  the  original  nominee.  Any  person  whose  name  has  been  pre- 
sented as  a  candidate,  may,  at  least  five  days  before  the  making  of  the 
publication  of  the  nominations  prescribed  in  this  section,  cause  his 
name  to  be  withdrawn  from  nomination,  by  filing,  in  the  office  where 
his  original  certificate  of  nomination  is  required  by  this  Code  to  be  filed, 
his  request  therefor,  in  writing,  signed  by  him  and  acknowledged  before 
the  County  Clerk  of  the  county  in  which  he  resides;  and  no  name  so 
withdrawn  shall  be  printed  on  the  ballot.  Whenever  any  certificate  of 
nomination  is  presented  for  filing  to  any  officer  authorized  to  file  the 
same,  such  officer  shall  forthwith,  upon  receipt  of  the  same  and  before 
filing,  examine  the  same,  and  if  there  is  any  defect,  omission,  or  reason 
why  the  same  should  not  be  filed,  such  officer  shall  then  and  there 
forthwith  designate,  in  writing,  the  defect,  omission,  or  reason  why  such 
certificate  cannot  be  filed,  and  return  the  said  certificate  to  the  person 
presenting  the  same,  with  such  written  designation  of  defect,  omission, 
or  reason  for  not  filing  the  same;  and  after  the  filing  of  any  certificate 
of  nomination,  no  officer  required  by  law  to  transmit  any  nomination, 
or  to  make  up  or  print  any  ballot,  shall  fail  or  omit  to  transmit  such 
nomination,  or  omit  to  print  the  name  of  any  nominee  or  candidate 
named  in  any  certificate  of  nomination  which  has  been  filed;  and  unless 
a  certificate  of  nomination  is  returned  as  herein  required,  the  officer  to 
whom  the  same  is  properly  presented  shall  file  the  same  as  soon  as  he 
shall  receive  and  examine  the  same  as  herein  required,  and  must  file  it 
as  of  the  day  it  is  presented. 

Note.— Amended  by  permitting  nominations  to  be  filed  at  any  time  prior  to 
sixty  days  before  an  election,  tbe  minimum  time  being  increased  to  sixty  days-. 
The  minimum  time  for  filing  nominations  upon  petition  has  been  increased  to 
forty  days,  prior  to  which  no  limit  has  been  fixed.  The  manner  of  filling  vacan- 
cies by  the  convention  is  made  more  certain,  while  committees  are  given  until 
thirty  days  before  an  election  to  fill  vacancies.  The  chairman  and  secretary  of 
the  committee  are  required  to  verify  their  certificate  of  nomination. 


POLITICAL    CODE.  203 

Section  1193.     To  be  amended  to  read  as  follows: 

Sec.  1193.  Thirty  days  before  an  election  to  fill  any  office,  the  Secre- 
tary of  State  shall  certify  to  the  chairman  of  the  state  central  com- 
mittee or  other  governing  body  of  each  political  party  which  has  filed 
nominations  in  his  office,  and  to  each  candidate  nominated  under  the 
provisions  of  section  eleven  hundred  and  eighty-eight  of  this  Code,  all 
nominations  filed  in  his  office,  in  the  same  manner  and  form  as  he  is 
hereinafter  required  to  certify  the  same  to  the  County  Clerks.  Twenty- 
five  days  before  an  election  he  shall  also  certify  all  nominations  to  the 
County  Clerk  of  each  county  within  which  any  of  the  electors  may  by 
law  vote  for  candidates  for  such  office,  the  name  of  each  person  nomi- 
nated for  such  office,  and  each  proposed  constitutional  amendment  or 
other  proposition  to  be  voted  upon,  arranged  in  ballot  form,  as  such 
form  is  provided  for  in  section  eleven  hundred  and  ninety-seven  of  this 
Code. 

Section  1194.     To  be  amended  to  read  as  follows: 

Sec.  1194.  At  least  fifteen  days  before  an  election  to  fill  any  public 
office,  the  County  Clerk  of  each  county  shall  cause  a  sample  ballot  to  be 
sent  to  the  chairman  of  the  county  committee  of  each  organized  political 
party  of  such  county,  containing  the  nominations  to  office  as  certified  to 
him  by  the  Secretary  of  State,  and  also  all  those  filed  with  the  County 
Clerk,  together  with  other  questions  to  be  voted  upon.  In  all  counties 
where  a  new  registration  shall  take  place  preceding  the  next  ensuing 
election,  the  County  Clerk  shall  cause  the  name  of  each  voter,  as 
enrolled,  to  be  addressed  upon  an  envelope,  and  also  the  number  of  the 
residence  of  said  voter,  or  the  correct  post  office  address  of  said  voter,  as 
the  same  is  written  on  said  register,  and  which  name  and  address  shall 
be  written  on  the  envelope  at  the  time  that  each  voter  is  duly  registered 
thereon.  All  of  said  envelopes  shall  be  securely  kept  by  the  said  County 
Clerk,  and  ten  days  before  election  to  fill  any  public  office  he  shall  cause 
to  be  folded  «and  placed  in  said  envelope,  for  mailing,  a  copy  of  so  much 
of  the  election  proclamation  as  contains  the  constitutional  amendments 
or  other  questions  to  be  voted  upon,  which  copy  has  been  supplied  to 
him  by  the  Secretary  of  State  under  the  provisions  of  section  eleven 
hundred  and  ninety-five  hereof,  and  a  sample  ballot  containing  the 
nominations  to  office  certified  to  him  by  the  Secretary  of  State,  and  also 
all  those  filed  with  the  County  Clerk,  each  of  which  shall  be  inclosed  in 
said  envelope,  and  cause  the  same  to  be  mailed  in  the  United  States 
post  office  as  printed  matter,  for  delivery  to  each  of  said  voters.  The 
mailing  of  all  such  envelopes  shall  commence  at  least  ten  days  before 
the  time  of  election  to  fill  any  public  office,  as  aforesaid,  and  continue 
so  that  all  of  said  envelopes  containing  said  sample  ballots  shall  have 
been  mailed  at  least  three  whole  days  before  the  day  of  election  to  fill 


204  PROPOSED   AMENDMENTS    TO   THE 

any  public  office,  as  above  provided.  If  a  new  registration  does  not 
take  place  in  any  county  preceding  the  next  ensuing  election,  the 
County  Clerk  shall  cause  envelopes  to  be  addressed  to  each  voter, 
together  with  the  number  of  the  residence  of  said  voter,  or  correct  post 
office  address,  as  the  same  appears  upon  the  register  corrected  at  that 
time,  as  the  law  provides,  and  cause  to  be  inclosed  therein  the  copy 
of  the  proposed  constitutional  amendments  or  other  question,  '  and 
sample  ballot,  as  aforesaid,  and  cause  the  same  to  be  mailed  in  the 
manner  and  within  the  time  as  above  provided.  The  clerk  or  the 
secretary  of  the  legislative  body  of  any  incorporated  city  or  town, 
with  whom  the  names  of  any  candidates  have  been  filed,  shall  mail, 
in  the  United  States  post  office,  envelopes  addressed  to  each  voter, 
together  with  the  sample  ballots  inclosed  therein,  the  list  of  nomina- 
tions filed  with  him  in  the  same  manner  as  the  lists  of  nominations 
mailed  by  the  County  Clerk,  as  provided  in  this  section. 

Section  1195.     To  be  amended  to  read  as  follows: 

Sec.  1195.  Whenever  a  proposed  constitutional  amendment  or  other 
question  is  to  be  submitted  to  the  people  of  the  State  for  the  popular 
vote,  the  Superintendent  of  State  Printing  shall,  at  the  same  time  that 
he  prints  the  Governor's  proclamation  provided  for  in  section  ten  hun- 
dred and  fifty-four,  print  of  that  part  of  the  proclamation  relating  to 
such  amendments  or  other  questions,  as  many  copies  as  twice  the  total 
number  of  votes  cast  at  the  general  election  next  preceding.  Such 
copies  of  such  proposed  amendments  or  other  question  shall  be  printed 
from  the  same  composition  of  type  as  was  used  in  printing  that  part  of 
the  election  proclamation,  upon  plain  white  paper  of  light  weight  and 
convenient  size  for  mailing.  He  shall,  at  least  thirty  days  before  the 
succeeding  general  election  at  which  such  amendments  or  other  questions 
are  to  be  voted  upon,  deliver  such  copies  to  the  Secretary  of  State,  who 
shall  immediately  distribute  the  same  to  the  various  County  Clerks  for 
distribution  as  provided  for  in  section  eleven  hundred  and  .ninety -four. 
The  Secretary  of  State,  in  making  such  distribution,  shall  send  to  each 
County  Clerk  a  number  not  less  than  one  and  one  half  times  as  many 
copies  as  there  were  votes  cast  in  said  county  at  the  last  general  election 
held  therein. 

Section  1197.     To  be  amended  to  read  as  follows: 

Sec.  1197.  All  ballots  printed  by  County  Clerks,  other  than  the  sepa- 
rate ballots  containing  the  names  of  candidates  for  city  and  county 
offices,  printed  by  the  County  Clerks  of  consolidated  cities  and  counties, 
shall  be  headed  ''general  ticket";  and  all  ballots  printed  by  County 
Clerks  of  consolidated  cities  and  counties,  containing  the  names  of  can- 
didates for  city  and  county  offices,  and  also  all  tickets  printed  by  the 


POLITICAL   CODE.  205 

clerk  or  secretary  of  a  legislative  body  of  any  incorporated  city  or  town, 
shall  be  headed  "  municipal  ticket."  Under  the  heading  of  all  general 
tickets  the  respective  number  of  the  congressional,  senatorial,  and  assem- 
bly districts  in  which  each  ticket  is  to  be  voted  shall  be  printed.  At 
the  head  of  the  column  or  columns  in  which  the  names  of  candidates 
for  presidential  electors  are  printed  shall  be  printed  the  following 
direction  to  voters:  "  To  vote  for  electors  of  one  party,  mark  a  cross  in  the 
square  at  the  right  of  the  party  name."  Immediately  following  this 
shall  be  printed  the  title  of  their  office  and  a  direction  to  mark  once,  as 

"  Electors  of  President  and  Vice-President mark  once."     At  the 

head  of  the  columns  in  which  the  names  of  candidates  for  other 
offices  are  printed  shall  be  printed  the  following  direction  to  voters: 
"To  vote  for  a  person,  stamp  cross  (X)  in  square  at  right  of  name  of 
political  party  or  designation  following  his  name."  Each  group  of  names 
of  candidates  for  any  one  office,  except  presidential  elector,  provision  for 
which  has  hereinbefore  been  made,  shall  be  immediately  preceded  by 
the  title  of  the  office  at  the  extreme  left  of  the  column,  followed  on  the 
extreme  right  of  the  column  by  a  direction. to  the  voter  specifying  the 

number  of  persons  to  be  voted  for  for  that  office,  thus  "  Governor 

vote  for  one." 

Wl^ere  proposed  amendments  to  the  constitution  or  other  questions 
are  to  be  voted  upon,  the  statement  and  description  thereof  shall  be 
printed  upon  the  ballot  in  manner  and  form  as  provided  for  in  section 
ten  hundred  and  fifty-four  of  this  Code,  opposite  which  shall  be 
printed  the  words  "Yes"  and  "No"  on  separate  lines.  Such  statement 
shall  be  immediately  preceded  by  the  following  direction  to  voters:  "  To 
vote  on  the  following  questions,  stamp  a  cross  (X)  in  the  square  at  the 
right  of  'Yes'  or  'No'  in  each  case."  All  municipal  tickets  containing 
the  names  of  candidates  for  ward  or  district  offices,  in  addition  to  such 
direction  to  voters,  shall  have  the  number  of  the  ward  or  district  in 
which  such  ticket  is  to  be  voted  printed  thereon.  All  municipal  tickets 
shall  be  printed  upon  paper  of  a  different  tint  from  that  of  the  general 
ticket.  On  each  ballot  a  perforated  line  shall  extend  from  top  to  bottom, 
one  half  inch  from  the  right-hand  side  of  such  ballot,  and  upon  the 
half  inch  strip  thus  formed  there  shall  be  no  printing,  except  the  num- 
ber of  the  ballot,  which  shall  be  upon  the  back  of  such  strip,  in  such 
position  that  it  shall  appear  on  the  outside  when  the  ballot  is  folded. 
The  number  on  each  ballot  shall  be  the  same  as  that  on  the  correspond- 
ing stub,  and  the  ballots  and  stubs  shall  be  numbered  consecutively  in 
each  county.  All  ballots  shall  be  eighteen  inches  in  length  and  four 
and  one  half  inches  in  width,  and  as  many  times  such  width  as  shall 
be  necessary  to  contain  the  names  of  all  candidates  nominated.  Where 
the  names  of  candidates  are  printed  in  separate  columns,  such  columns 
shall  be  separated  by  heavy  rules;  and  on  all  ballots  the  names  of  can- 


206  PROPOSED   AMENDMENTS    TO   THE 

didates  shall  each  be  separated  by  a  rule  extending  to  the  extreme  right 
of  the  column,  and  each  group  of  names  of  candidates  for  any  office 
shall  be  separated,  by  a  heavy  ruled  line  extending  to  the  extreme  right 
of  the  column,  from  the  names  of  the  candidates  for  the  next  and 
succeeding  office  printed  upon  the  ticket. 

All  ballots  shall  be  printed  in  plain  roman  type,  and  shall  contain 
the  name  of  every  candidate  whose  nomination  for  any  office  specified 
in  the  ballot  has  been  certified  to  and  filed  according  to  the  provisions 
of  this  Code,  and  no  other  name;  and  there  shall  be  added  to  all  the 
names  of  candidates  for  each  office,  where  such  officer  is  to  be  elected 
from  a  section  or  district  comprising  more  than  one  county,  the  name  of 
the  county  from  which  he  was  nominated,  followed  by  their  party  or 
political  designation  or  designations,  as  far  to  the  right  of  the  column  as 
possible,  leaving  room  for  the  square  or  space  hereinafter  provided  for,  as 


W.  M.  CUTTER,  of  Yuba.  .Independent.    Silver.    Republican. 


The  names  of  the  candidates  for  each  office  shall  be  arranged,  under 
the  designation  of  the  office,  in  alphabetical  order,  according  to  surname, 
except  that  the  names  of  candidates  for  the  office  of  elector  for  Presi- 
dent and  Vice-President  shall  be  arranged  in  groups  as  presented  in  the 
several  certificates  of  nomination,  and  there  shall  be  printed  at  the 
head  of  each  group  of  electors  so  nominated  the  name  of  the  candidates 
of  the  party  they  represent  for  President  and  Vice-President,  followed 
by  the  political  principle  or  party  represented  by  said  electors,  after 
which,  on  the  extreme  right  of  the  column,  shall  be  a  space  or  square, 
in  one  of  which  the  voter  must  stamp  a  cross  (X)  signifying  his  inten- 
tion to  vote  for  the  group  of  electors  immediately  following,  as 


McKinley  and  Hobart Republican. 


in  great  primer  title  type  or  the  like.  There  shall  be  left  at  the  end  of 
the  list  of  candidates  for  each  office  as  many  blank  spaces  as  there  are 
persons  to  be  elected  to  such  office,  in  which  the  voter  may  insert  the 
name  of  any  person  not  printed  upon  the  ballot,  for  whom  he  desires  to 
vote  as  candidate  for  such  office;  and  the  names  and  blank  spaces  on 
the  whole  ticket  shall  be  consecutively  numbered,  the  figures  being 
placed  on  the  left-hand  side  of  such  names  and  blank  spaces.  There 
shall  be  a  margin  on  the  right-hand  side  of  the  names  of  all  candidates, 
except  presidential  electors,  provision  for  which  is  hereinabove  made, 
at  least  one  half  an  inch  wide,  along  the  left-hand  edge  of  which  mar- 
gin a  line  shall  be  drawn  forming  squares,  so  that  the  voter  may  clearly 


POLITICAL   CODE.  207 

indicate  in  the  way  to  be  hereinafter  pointed  out,  the  candidate  or 
candidates  for  whom  he  wishes  to  cast  his  ballot. 

Section  1200.     To  be  amended  to  read  as  follows: 

Sec.  1200.  Whenever  it  shall  appear  by  affidavit  that  an  error  or 
omission  has  occurred  in  the  publication  of  the  name  or  description  of 
the  candidates  nominated  for  office,  or  in  the  printing  of  the  ballots, 
the  Superior  Court  of  the  county,  or  the  judge  thereof,  shall,  upon 
application  by  any  elector,  by  order,  require  the  County  Clerk  or 
Secretary  of  State  to  correct  such  error,  or  to  show  cause  why  such 
error  should  not  be  corrected. 


CHAPTER  IX. 

VOTING   AND   CHALLENGES. 

Section  1239.     To  be  amended  to  read  as  follows: 

Sec.  1239.  The  board  of  election,  in  determining  the  place  of  resi- 
dence of  any  person,  must  be  governed  by  the  following  rules,  as  far  as 
they  are  applicable: 

1.  That  place  must  be  considered  and  held  to  be  the  residence  of  a 
person,  in  which  his  habitation  is  fixed,  and  to  which,  whenever  he  is 
absent,  he  has  the  intention  of  returning; 

2.  A  person  must  not  be  held  to  have  gained  or  lost  residence  by 
reason  of  his  presence  or  absence  from  a  place  while  employed  in  the 
service  of  the  United  States,  or  of  this  State,  nor  while  engaged  in  navi- 
gation, nor  while  a  student  at  any  institution  of  learning,  nor  while 
kept  in  an  almshouse,  asylum,  or  prison; 

3.  A  person  must  not  be  considered  to  have  lost  his  residence  who 
leaves  his  home  to  go  into  another  State,  or  precinct  in  this  State,  for 
temporary  purposes  merely,  with  the  intention  of  returning; 

4.  A  person  must  not  be  considered  to  have  gained  a  residence  in  any 
precinct  into  which  he  comes  for  temporary  purposes  merely,  without 
the  intention  of  making  such  precinct  his  home; 

5.  If  a  person  remove  to  another  State  with  the  intention  of  making 
it  his  residence,  he  loses  his  residence  in  this  State; 

6.  If  a  person  remove  to  another  State  with  the  intention  of  remain- 
ing there  for  an  indefinite  time,  and  as  a  place  of  present  residence,  he 
loses  his  residence  in  this  State,  notwithstanding  he  entertains  an 
intention  of  returning  at  some  future  period; 

7.  The  place  where  a  man's  family  resides  must  be  held  to  be  his 
residence;  but  if  it  be  a  place  of  temporary  establishment  for  his  family, 
or  for  transient  objects,  it  is  otherwise; 

8.  If  a  man  have  a  family  fixed  in  one  place,  and  he  does  business  in 


208  PROPOSED    AMENDMENTS    TO   THE 

another,  the  former  must  be  considered  his  place  of  residence;  but  any 
man  having  a  family,  and  who  has  taken  up  his  abode  with  the  inten- 
tion of  remaining,  and  whose  family  does  not  so  reside  with  him,  must 
be  regarded  as  a  resident  where  he  has  so  taken  up  his  abode; 

9.  The  mere  intention  to  acquire  a  new  residence,  without  the  fact  of 
removal,  avails  nothing;  neither  does  the  fact  of  removal,  without  the 
intention. 

Note.— The  amendment  consists  in  striking  out  Subdivision  3,  which  was  held 
unconstitutional  in  Russell  vs.  McDowell,  83  Cal.  80. 


CHAPTER  X. 

CANVASSING  AND  RETURNING  THE  VOTES. 

Section  1253.     To  be  amended  to  read  as  follows: 

Sec.  1253.  In  the  City  and  County  of  San  Francisco,  at  the  closing  of 
the  polls,  the  inspector  must  administer  to  the  additional  members  of 
the  board  of  canvassers  the  oath  prescribed  in  section  eleven  hundred 
and  forty-eight,  and  likewise  to  two  clerks  appointed  by  such  additional 
members. 

Section  1254.     To  be  amended  to  read  as  follows: 

Sec.  1254.  The  canvass  must  be  commenced  by  taking  out  of  the 
box  the  ballots,  unopened  (except  so  far  as  to  ascertain  whether  each 
ballot  is  single),  and  counting  the  same  to  ascertain  whether  the  num- 
ber of  ballots  corresponds  with  the  number  of  names  on  the  list  of  voters 
kept  by  the  clerks.  If  two  or  more  separate  ballots  are  found  so  folded 
together  as  to  present  the  appearance  of  a  single  ballot,  they  must  be 
laid  aside  until  the  count  of  the  ballots  is  completed;  then,  if  upon 
•comparison  of  the  count  with  the  number  of  names  of  electors  on  the 
lists  which  have  been  kept  by  the  clerks,  it  appears  that  the  two  ballots 
thus  folded  together  were  cast  by  one  elector,  they  must  be  rejected. 
The  inspector  must  then  replace  the  ballots  in  the  box,  and  then  pro- 
ceed to  take  out  of  the  box  the  ballots,  unopened,  one  at  a  time,  num- 
bering them  on  the  backs  in  numerical  order,  commencing  with  number 
one,  and  writing  with  ink  the  initials  of  his  own  name  upon  the  back 
of  each  ballot  as  taken  out.  He  shall  pass  each  ballot,  as  soon  as  thus 
indorsed,  to  the  additional  inspector,  who  must,  in  like  manner,  write 
thereon  the  initials  of  his  own  name,  so  that  each  ballot  can  be  subse- 
quently identified  by  either  or  both  such  inspectors. 

Section  1255.     To  be  amended  to  read  as  follows: 

Sec.  1255.  The  ballots  must  be  immediately  replaced  in  the  box,  and 
if  the  ballots  in  the  box  exceed  in  number  the  names  on  the  lists,  one 
of  the  judges  must  publicly,  and  without  looking  in  the  box,  draw  out 


POLITICAL   CODE.  209 

therefrom  singly,  and  destroy,  unopened,  a  number  of  ballots  equal  to 
such  excess;  and  the  board  of  election  must  make  a  record,  upon  the 
poll  list,  of  the  number  of  ballots  so  drawn  and  destroyed,  and  the  num- 
bers appearing  on  the  backs  of  the  ballots  so  drawn  must  likewise  be 
recorded. 

Section  1257.     To  be  amended  to  read  as  follows: 

Sec.  1257.  After  the  lists  are  thus  signed,  the  board  must  proceed  to 
open  the  ballots,  and  count  and  ascertain  the  number  of  votes  cast  for 
each  person  voted  for.  At  all  elections  where  a  general  ticket  and  a 
municipal  ticket  are  used,  the  canvass  of  the  general  ticket  shall  be 
completed  before  the  canvass  of  the  municipal  ticket  is  commenced. 
All  the  ballots  must  be  taken  out  of  the  ballot-box,  one  at  a  time,  and 
opened  by  one  of  the  members  of  the  board,  and  the  name  of  each  per- 
son marked  in  the  ballots  as  voted  for  shall  be  distinctly  read  in  con- 
nection with  the  office  for  which  he  is  a  candidate.  As  the  ballots  are 
counted  and  an  official  record,  as  hereinbefore  mentioned,  made,  they 
must  be  strung  upon  a  string  by  one  of  the  judges.  All  ballots  rejected 
for  illegality  must  have  the  cause  of  such  rejection  indorsed  upon  the 
ballot,  and  such  indorsement  must  be  signed  by  a  majority  of  the 
election  board.  All  such  rejected  ballots  shall  be  immediately  strung 
upon  a  string  by  one  of  the  judges. 

Note.— The  amendment  goes  only  to  form  and  not  to  substance. 

Section  1258.     To  be  amended  to  read  as  follows: 

Sec.  1258.  Each  clerk  must  keep  the  number  of  votes  cast  for  each 
candidate  or  proposition  to  be  voted  on  by  tallies,  as  they  are  read 
aloud.  Such  tallies  must  be  made  with  pen  and  ink,  and  immediately 
upon  the  completion  of  the  tallies,  which  must  follow  the  name  of  the 
candidate  or  statement  of  the  proposition  on  the  tally  sheet,  the  clerks 
who  respectively  complete  the  same  must  draw  one  heavy  line  in  ink 
from  the  last  tally  mark  to  the  end  of  the  line  in  which  such  tallies 
terminate,  and  also  write  at  the  end  of  each  line  the  initials  of  the 
person  making  the  last  tally  in  such  line. 

Section  1259.     To  be  amended  to  read  as  follows: 

Sec.  1259.  The  ballots  when  strung  on  a  string  must  not  thereafter 
be  examined  by  any  person,  but  must,  as  soon  as  all  are  counted,  be 
carefully  sealed  in  a  strong  envelope,  each  member  of  the  board  writing 
his  name  across  the  seal. 

Section  1260.     To  be  amended  to  read  as  follows: 

Sec.  1260.  As  soon  as  all  the  votes  are  counted  and  the  ballots  sealed 
up,  the  tally  sheets  must  be  completed  by  writing  in  ink,  at  full  length, 
opposite  the  name  of  each  candidate  as  it  appears  on  the  second  part  of 
14— c 


210  PROPOSED   AMENDMENTS   TO    THE 

said  sheet,  the  number  of  votes  cast  for  such  candidate,  and  such  list 
must  be  signed  by  the  members  of  the  board  and  attested  by  the  clerks, 
substantially  in  the  form  required  by  section  eleven  hundred  and  seventy- 
four  hereof. 

Section  1261.     To  be  amended  to  read  as  follows: 

Sec.  1261.  The  board  must,  before  it  adjourns,  inclose  in  a  cover, 
and  seal  up  and  direct  to  the  County  Clerk,  the  copy  of  the  register 
upon  which  one  of  the  judges  marked  the  word  "voted"  as  the  ballots 
were  received,  all  certificates  of  registration  received  by  it,  one  of  the  lists 
of  the  persons  challenged,  one  copy  of  the  list  of  voters,  and  one  of  the 
tally  lists  and  list  attached  thereto.  The  board  shall  also,  at  the  com- 
pletion of  their  other  duties,  post,  in  a  conspicuous  place  at  the  entrance 
to  the  polls,  a  statement  containing  the  name  of  each  candidate  and  the 
name  or  title  of  each  question  voted  on,  together  with  the  number  of 
votes  cast  for  such  candidate  or  for  or  against  such  question.  Such 
statement  shall  remain  so  posted  for  ten  days;  and  to  tear  down,  de- 
stroy, or  deface  the  same  within  that  time  shall  constitute  a  mis- 
demeanor, and  be  punishable  as  such. 

CHAPTER  XI. 

CANVASS  OF  RETURNS — DECLARATION  OF  RESULT COMMISSIONS  AND  CERTIFI- 
CATES  OF   ELECTION. 

Section  1281.     To  be  amended  to  read  as  follows: 

Sec.  1281.  The  canvass  must  be  made  in  public,  and  by  opening  the 
returns  and  estimating  the  vote  of  such  county  or  township  for  each 
person  voted  for,  and  for  and  against  each  proposed  constitutional 
amendment  or  other  question  voted  upon  at  such  election,  and  declar- 
ing the  result  thereof. 

Section  1282.     To  be  amended  to  read  as  follows: 

Sec.  1282.  The  clerk  of  the  board  must,  as  soon  as  the  result  is 
declared,  enter  on  the  records  of  such  board  a  statement  of  such  result, 
which  statement  must  show: 

1.  The  whole  number  of  votes  cast  in  the  county; 

2.  The  names  of  the  persons  voted  for,  as  they  appeared  upon  the 
ballot,  and  the  proposed  constitutional  amendments  and  other  questions 
voted  upon; 

3.  The  office  to  fill  which  each  person  was  voted  for; 

4.  The  number  of  votes  given  at  each  precinct  to  each  of  such  per- 
sons, and  for  and  against  each  of  such  proposed  constitutional  amend- 
ments or  other  questions  voted  upon; 


POLITICAL   CODE.  211 

5.  The  number  of  votes  given  in  the  county  to  each  of  such  persons, 
and  for  and  against  each  of  such  proposed  constitutional  amendments 
or  other  questions  voted  upon. 

As  soon  as  said  statement  is  entered  upon  the  records  of  the  Board  of 
Supervisors,  the  clerk  must  make  a  certified  abstract  of  said  statement, 
seal  up  such  abstract,  indorse  it  "  election  returns,"  and  without  delay- 
transmit  the  same  to  the  Secretary  of  State. 

Section  1283.     To  be  amended  to  read  as  follows: 

Sec.  1283.  The  board  must  declare  elected  the  person  having  the 
highest  number  of  votes  given  for  each  office  to  be  filled  by  the  votes  of 
a  single  county  or  subdivision  thereof,  except  to  the  person  elected 
judge  of  the  Superior  Court.  ( 

Section  1284.     To  be  amended  to  read  as  follows: 

Sec.  1284.  The  County  Clerk  must  immediately  make  out  and 
deliver  to  such  person  (except  to  the  person  elected  judge  of  the  Supe- 
rior Court)  a  certificate  of  election,  signed  by  him,  and  authenticated 
with  the  seal  of  the  Superior  Court. 

Section  1285.     To  be  amended  to  read  as  follows: 

Sec.  1285.  When  there  are  officers,  other  than  those  to  be  filled  by 
the  electors  of  the  entire  State,  Representatives  in  Congress,  members 
of  the  State  Board  of  Equalization,  and  Railroad  Commissioners,  voted 
for,  who  are  chosen  by  the  electors  of  a  district  composed  of  two  or  more 
counties,  each  of  the  County  Clerks  of  the  counties  composing  such  dis- 
trict, immediately  after  making  out  the  statement  specified  in  section 
twelve  hundred  and  eighty-two,  must  make  a  certified  abstract  of  so 
much  thereof  as  relates  to  the  election  of  such  officer. 

Section  1287.     To  be  amended  to  read  as  follows: 

Sec.  1287.  The  County  Clerk  to  whom  the  election  returns  of  a  dis- 
trict are  made,  must,  as  soon  as  the  returns  from  all  the  counties  in  the 
district  have  been  received,  open  in  public  such  returns,  and  from  them 
and  the  statement  of  the  vote  for  such  officers  in  his  own  county: 

1.  Make  a  statement  of  the  vote  of  the  district  for  such  officers,  and 
file  the  same,  together  with  the  returns,  in  his  office; 

2.  Immediately  transmit  a  certified  copy  of  such  statement  to  the 
Secretary  of  State; 

3.  Make  out  and  deliver,  or  transmit  by  mail,  to  the  persons  elected 
a  certificate  of  election  (unless  it  is  by  law  otherwise  provided). 

Section  1288.     To  be  amended  to  read  as  follows: 
Sec.  1288.     Whenever  in  any  case  the  name  of  any  candidate  for  an 
office  appears  more  than  once  upon  the  ballot,  all  votes  cast  for  him 


212  PROPOSED   AMENDMENTS   TO   THE 

shall  be  counted  for  him  by  the  various  precinct  election  boards,  upon 
the  tally  sheet,  in  manner  and  form  as  his  name  appears  upon  the  bal- 
lot and  tally  sheet,  and  be  so  returned  by  the  board  of  election.  When 
the  Board  of  Supervisors  of  the  county  wherein  the  election  was  held 
meet  to  canvass  the  returns  as  provided  for  in  section  twelve  hundred 
and  seventy-eight,  in  the  case  of  all  officers  voted  for  by  the  electors  of 
that  county  only,  or  a  minor  political  division  thereof,  except  judges  of 
the  Superior  Court,  they  shall  add  together  all  votes  cast  for  any  such 
candidate  for  any  one  office,  no  matter  what  political  party  or  political 
principle,  or  number  of  such  parties  or  principles,  he  may  represent. 
In  cases  provided  for  in  section  twelve  hundred  and  eighty-five,  the 
various  Boards  of  Supervisors  canvassing  the  votes  shall  certify  the 
same  to  the  County  Clerk  of  the  proper  county,  as  provided  for  in  sec- 
tion twelve  hundred  and  eighty-six,  and  such  County  Clerk  shall  so 
add  together  all  votes  cast  for  such  officer  as  aforesaid.  In  the  case  of 
officers  to  be  voted  for  by  the  entire  State,  and  Representative  in  Con- 
gress, member  of  State  Board  of  Equalization,  Railroad  Commissioner, 
and  judge  of  the  Superior  Court,  the  various  Boards  of  Supervisors 
shall  certify  the  vote  to  the  Secretary  of  State,  as  provided  for  in  section 
twelve  hundred  and  eighty-two,  and  the  Secretary  of  State,  in  estimating 
and  'certifying  the  returns,  shall  add  together  all  votes  cast  for  any 
such  candidate  for  any  one  office,  no  matter  what  political  party  or 
principle,  or  number  thereof,  he  may  represent.  In  all  cases  herein 
provided  for,  identity  of  name  shall  be  considered  identity  of  person, 
and  the  vote  for  any  candidate,  after  having  been  so  added  together, 
shall  constitute  his  entire  or  total  vote,  and  shall  determine  the  question 

of  his  election. 

* 

Section  1289.     To  be  amended  to  read  as  follows: 

Sec.  1289.  Whenever  the  name  of  any  candidate  appears  more  than 
once  upon  the  ballot  for  any  one  office,  followed  by  different  political 
or  party  designations,  and  a  voter  stamps  a  cross  in  all  of  the  squares 
following  such  name,  the  intention  of  the  voter  shall  be  respected  and 
the  vote  counted  as  one  for  such  candidate. 

Note.— Sections  1288  and  1289,  as  they  originally  read,  are,  since  the  amendment 
of  Section  1282,  no  longer  required.  The  amended  sections  are  designed  to  meet 
the  contingencies  which  so  forcibly  presented  themselves  during  the  presidential 
election  of  1896. 

Section  1290.     To  be  amended  to  read  as  follows: 

Sec.  1290.  On  the  fortieth  day  after  the  election,  or  as  soon  as  the 
returns  have  been  received  from  all  the  counties  of  the  State,  if  received 
within  that  time,  the  Secretary  of  State  must  compare  and  estimate 
the  vote  for  offices,  proposed  constitutional  amendments  or  other  ques- 
tions, to  be  voted  upon  by  the  electors  of  the  entire  State,  and  make  out 


POLITICAL   CODE.  213 

and  file  in  his  office  a  statement  thereof,  and  transmit  a  copy  of  such 
statement  to  the  Governor,  and  certify  to  said  official,  except  as  other- 
wise herein  provided  for,  the  name  of  each  person  who  received  the 
highest  number  of  votes  for  each  office;  provided,  that  when  an  election 
has  been  held  for  member  of  Congress,  member  of  Board  of  Equaliza- 
tion, Railroad  Commissioner,  or  judge  of  the  Superior  Court,  the  Secre- 
tary of  State  must,  as  soon  as  all  the  returns  have  been  received  from 
the  county  or  district  in  which  such  officers  are  voted  Tor,  compare  and 
estimate  the  vote,  and  make  out  and  file  in  his  office  a  statement  thereof, 
and  transmit  a  copy  of  such  statement  to  the  Governor,  and  certify  to 
such  officer  the  name  of  the  person  who  received  the  highest  number  of 
votes  for  each  office. 

Section  1291.     To  be  amended  to  read  as  follows: 

Sec.  1291.  'Upon  receipt  of  such  copy,  the  Governor  must  issue  com- 
missions to  the  persons  who  from  it  appear  to  have  received  the  highest 
number  of  votes  for  offices,  except  that  of  Governor  or  Lieutenant- 
Governor,  or  electors  of  President  or  Vice-President,  to  be  filled  at  such 
election,  and  declare  the  result  of  the  election  upon  proposed  con- 
stitutional amendments  or  other  questions  voted  upon,  and  file  such 
declaration  with  the  Secretary  of  State. 


CHAPTER   XII. 

election  for  electors  of  president  and  vice-president. 

Sections  1308  and  1309.     To  be  repealed. 

Note.— The  purpose  of  these  sections  is  accomplished  by  Section  1282. 

Section  1313.     To  be  repealed. 

Note.— The  purpose  of  this  section  is  served  by  Section  1290. 

Section  1314.     To  be  amended  to  read  as  follows: 

Sec.  1314.  The  Governor  must,  upon  the  receipt  of  the  statement  and 
certificate  required  by  section  twelve  hundred  and  ninety  of  this  Code, 
transmit  to  each  of  the  persons  elected  as  an  elector  of  President  and 
Vice-President,  a  certificate  of  election,  and  on  or  before  the  day  of  their 
meeting  deliver  to  the  electors  a  list  of  the  names  of  electors,  and  must 
do  all  other  things  required  of  him  in  the  premises  by  any  act  of 
Congress  in  force  at  the  time. 

Sections  1344  and  1345.     To  be  repealed. 

Note.— The  purpose  of  these  sections  is  served  by  Section  1282,  as  amended. 


214  PROPOSED   AMENDMENTS    TO   THE 

CHAPTER  XIII. 
AETICLE  II. 

ELECTION    FOR   REPRESENTATIVES. 

Section  1346.     To  be  repealed. 

Note.— It  is  a  repetition  of  Section  1290,  as  amended. 

Section  1347.     To  be  amended  to  read  as  follows: 

Sec.  1347.  The  Governor  must,  upon  the  receipt  of  the  statement 
and  certificate  required  by  section  twelve  hundred  and  ninety  hereof, 
transmit  to  each  of  the  persons  elected  as  Representative  to  Congress,  a 
certificate  of  his  election,  sealed  with  the  great  seal  and  attested  by  the 
Secretary  of  State. 

Chapter  XIV  of  Part  III,  Title  II,  containing  Sections  1357,  1358, 
1359,  1360,  1361,  1362,  1363,  1364,  and  1365,  are  to  be  superseded  by  a 
new  primary  elections  law,  which  the  Commission  now  has  in  course  of 
preparation.  Several  systems  of  primary  elections  are  to  be  proposed 
to  the  Legislature  at  its  approaching  session,  and  it  is  the  design  of  this 
Commission  to  withhold  its  recommendation  until  it  has  examined  such 
measures. 

CHAPTER   II. 

STATE    NORMAL    SCHOOLS. 

Section  1487.     To  be  amended  to  read  as  follows: 
Sec.  1487.     The  state  normal  schools  have  for  their  objects  the  educa- 
tion of  teachers  for  the  public  schools  of  this  State. 

Section  1488.     To  be  amended  to  read  as  follows: 

Sec.  1488.  The  state  normal  schools  shall  be  under  the  manage- 
ment and  control  of  boards  of  trustees,  constituted  as  provided  in  sec- 
tion three  hundred  and  fifty-four  of  this  Code. 

Section  1489.     To  be  amended  to  read  as  follows: 

Sec.  1489.  The  powers  and  duties  of  each  board  of  trustees  are  as 
follows: 

1.  To  elect  a  secretary,  who  shall  receive  such  salary,  not  to  exceed  one 
hundred  and  fifty  dollars  per  annum,  as  may  be  allowed  by  the  board; 


POLITICAL   CODE.  215 

2.  To  prescribe  rules  for  their  government  and  the  government  of  the 
school; 

3.  To  prescribe  rules  for  the  report  of  officers  and  teachers  of  the 
school,  and  for  visiting  other  schools  and  institutions; 

4.  To  provide  for  the  purchase  of  school  apparatus,  furniture,  station- 
ery, and  text-books  for  the  use  of  pupils; 

5.  To  establish  and  maintain  model  and  training  schools  of  the  kin- 
dergarten, primary,  and  grammar  grades,  and  require  the  students  of 
the  normal  schools  to  teach  and  instruct  classes  therein; 

6.  To  elect  necessary  teachers,  upon  their  nomination  by  the  presi- 
dent, fix  their  salaries,  and  prescribe,  their  duties;  provided,  that  after 
the  principal  teachers  have  served  successfully  and  acceptably  for  a 
term  of  two  years,  their  appointment  thereafter  shall  be  made  for  a  term 
of  four  years  at  least,  unless  removed  for  cause  as  hereinafter  specified; 

7.  To  control  and  expend  all  moneys  appropriated  for  the  support 
and  maintenance  of  the  school,  and  all  moneys  received  for  tuition  or 
donations; 

8.  To  cause  a  record  of  all  their  proceedings  to  be  kept,  which  shall 
be  open  to  public  inspection  at  the  school; 

9.  To  keep,  open  to  public  inspection,  an  account  of  receipts  and 
expenditures; 

10.  To  annually  report  to  the  Governor  a  statement  of  their  transac- 
tions, and  of  all  matters  pertaining  to  the  school; 

11.  To  transmit  with  such  report  a  copy  of  the  president's  annual 
report; 

12.  To  revoke  any  diploma  by  them  granted,  on  receiving  satisfactory 
evidence  that  the  holder  thereof  is  addicted  to  drunkenness,  is  guilty  of 
gross  immorality,  or  is  reputedly  dishonest  in  his  dealings;  provided, 
that  such  person  shall  have  at  least  thirty  days'  previous  notice  of  such 
contemplated  action,  and  shall,  if  he  asks  it,  be  heard  in  his  own 
defense. 

Section  1490.     To  be  amended  to  read  as  follows: 

Sec.  1490.  Each  board  of  trustees  must  hold  two  regular  meetings 
in  each  year,  and  may  hold  special  meetings  at  the  call  of  the  secretary, 
when  directed  by  the  chairman. 

Section  1491.     To  be  amended  to  read  as  follows: 

Sec.  1491.  •  The  time  and  place  of  regular  meetings  must  be  fixed 
by  the  by-laws  of  the  board.  The  secretary  must  give  written  notice 
of  the  time  and  place  of  special  meetings  to  each  member  of  the  board. 
Each  member  shall  be  allowed  his  expenses  in  attending  the  meetings 
of  the  board,  the  bills  to  be  audited  the  same  as  any  bills  for  the  main- 
tenance of  the  school. 


216  PROPOSED   AMENDMENTS   TO   THE 

Section  1492.     To  be  amended  to  read  as  follows: 

Sec.  1492.  There  shall  be  a  joint  board  of  normal  school  trustees,  to 
be  composed  of  the  members  of  the  local  boards  of  the  several  state 
normal  schools.  This  board  shall  meet  on  the  second  Friday  of  April 
of  each  year,  alternately  at  the  different  state  normal  schools.  The 
first  meeting  after  the  passage  of  this  act  shall  be  at  Los  Angeles;  the 
second  meeting  at  Chico,  and  the  third  at  San  Jose.  Thereafter  the 
places  of  meeting  shall  be  in  the  order  named  above.  A  special  meeting 
may  be  called  by  the  Governor  for  the  transaction  of  any  urgent  busi- 
ness affecting  the  welfare  of  any  or  all  of  the  state  normal  schools.  It 
shall  be  the  duty  of  this  joint  board: 

1.  To  fill  a  vacancy  in  the  presidency  of  any  of  the  state  normal 
schools,  and  to  fix  the  salaries  of  the  presidents  of  the  several  normal 
schools; 

2.  To  sit  as  a  board  of  arbitration  in  matters  concerning  the  manage- 
ment of  each  state  normal  school  that  may  need  adjustment; 

3.  To  dismiss  a  teacher  from  either  of  the  state  normal  schools  for 
good  and  sufficient  cause  after  having  been  elected  as  designated  under 
section  fourteen  hundred  and  eighty-nine  of  this  Code; 

4.  To  prescribe  a  series  of  text-books  for  use  in  the  state  normal 
schools; 

5.  To  prescribe  a  uniform  course  of  study,  and  time  and  standard  for 
graduation  from  the  state  normal  schools; 

6.  To  prescribe  a  uniform  standard  of  admission  for  students  entering 
the  normal  schools; 

7.  The  joint  board  shall  also  have  the  power  to  pass  any  general 
regulations  that  may  be  applied  to  all  of  the  state  normal  schools,  thus 
affecting  their  well-being; 

8.  Members  in  attending  the  meetings  of  the  joint  board  shall  receive 
mileage  while  in  actual  attendance  upon  the  meeting,  the  same  to  be 
paid  out  of  any  appropriation  made  by  the  Legislature  for  that  purpose; 

9.  The  Superintendent  of  Public  Instruction  shall  be  the  secretary  of 
the  joint  board.  The  secretary  shall  keep  a  full  record  of  all  proceed- 
ings of  the  joint  meetings  of  the  trustees,  and  shall  notify  the  secretary 
of  each  board  of  trustees  of  any  changes  made  in  the  course  of  study  or 
the  text-books  to  be  adopted. 

Section  1497.     To  be  amended  to  read  as  follows: 

Sec.  1497.  Every  person  making  application  for  admission  as  a  pupil 
to  the  normal  school  must,  at  the  time  of  making  such  application,  file 
with  the  president  of  the  school  a  declaration  that  he  enters  the  school 
to  fit  himself  for  teaching,  and  that  it  is  his  intention  to  engage  in  teach- 
ing in  the  public  schools  of  this  State,  or  in  the  State  or  Territory  where 
the  applicant  resides. 


POLITICAL    CODE.  217 

Section  1501.     To  be  amended  to  read  as  follows: 

Sec.  1501.  The  president  of  each  state  normal  school  must  make  a 
detailed  annual  report  to  the  board  of  trustees,  with  a  catalogue  of  the 
pupils,  and  such  other  particulars  as  the  board  may  require  or  he  may 
think  useful. 

Section  1503.     To  be  amended  to  read  as  follows: 

Sec.  1503.  First — The  board  of  trustees  of  each  state  normal  school, 
upon  the  recommendation  of  the  faculty,  may  issue  to  those  pupils  who 
worthily  complete  the  full  course  of  study  and  training  prescribed, 
diplomas  of  graduation,  either  from  the  normal  department,  the  kinder- 
garten department,  or  both; 

Second — Said  diploma  from  the  normal  department  shall  entitle  the 
holder  thereof  to  a  grammar  grade  certificate  from  any  City,  City  and 
County,  or  County  Board  of  Education  in  the  State.  One  from  the 
kindergarten  department  shall  entitle  the  holder  to  teach  in  any  kinder- 
garten in  the  State; 

Third — Whenever  any  City,  City  and  County,  or  County  Board  of 
Education  shall  present  to  the  State  Board  of  Education  a  recommen- 
dation showing  that  the  holder  of  a  normal  school  diploma  from  the 
normal  department  has  had  a  successful  experience  of  two  years  in  the 
public  schools  of  this  State,  subsequent  to  the  granting  of  such  diploma, 
the  State  Board  of  Education  shall  grant  to  the  holder  thereof  a  docu- 
ment signed  by  the  president  and  secretary  of  the  state  board,  showing 
such  fact.  The  said  diploma  accompanied  by  said  document  of  the 
state  board  attached  thereto,  shall  become  a  permanent  certificate  of 
qualification  to  teach  in  any  primary  or  grammar  school  of  this  State, 
valid  until  such  time  as  said  diploma  jnay  be  revoked,  as  provided  in 
subdivision  thirteen  of  section  fourteen  hundred  and  eighty-nine  of  this 
Code; 

Fourth — Upon  presentation  of  the  diploma  and  document  referred  to 
in  section  fifteen  hundred  and  three,  subdivision  third  thereof,  to  any 
City,  City  and  County,  or  County  Superintendent  of  Schools,  said  super- 
intendent shall  record  the  name  of  the  holder  thereof  in  a  book  provided 
for  that  purpose  in  his  office,  and  the  holder  shall  henceforth  be  absolved 
from  the  requirements  of  subdivision  first  of  section  sixteen  hundred 
and  ninety-six  of  this  Code: 

Fifth — Said  diploma  of  graduation  from  any  normal  school  in  this 
State,  when  accompanied  by  a  certificate  granted  by  the  faculty  of  the 
state  university,  showing  that  the  holder  thereof,  subsequent  to  receiv- 
ing said  diploma,  has  successfully  completed  the  prescribed  course  in 
the  pedagogical  department  of  the  state  university,  shall  entitle  the 
holder  to  a  high  school  certificate  authorizing  the  holder  to  teach  in  any 
primary  or  grammar  school,   and  in  any  high  school  in  this  State, 


218  PROPOSED   AMENDMENTS    TO   THE 

except  in  those  in  which  the  holder  would  be  required  to  teach  languages 
other  than  English. 

Section  1504.     To  be  repealed. 

Section  1505.     To  be  amended  to  read  as  follows: 

Sec.  1505.  The  Superintendent  of  Public  Instruction  must  visit  each 
school  from  time  to  time,  inquire  into  its  condition  and  management, 
enforce  the  rules  and  regulations  made  by  the  board,  require  such  report 
as  he  deem  proper  from  the  teachers  of  the  school,  and  exercise  a 
general  supervision  over  the  same. 

Section  1506.     To  be  repealed. 

Section  1507.     To  be  amended  to  read  as  follows: 

Sec.  1507.  Each  order  upon  the  Controller  of  State  by  the  board 
of  trustees  of  the  state  normal  school  must  be  signed  by  the  chairman 
of  the  local  board  and  countersigned  by  the  secretary.  Upon  presenta- 
tion of  the  order  aforesaid,  the  Controller  of  State  must  draw  his 
warrant  upon  the  State  Treasurer  in  favor  of  the  board  of  trustees,  for 
any  moneys,  or  any  part  thereof,  appropriated  and  set  apart  for  the 
support  of  the  normal  school,  and  the  State  Treasurer  must  pay  such 
warrants  upon  presentation. 

CHAPTER  III. 
ARTICLE  I. 

STATE   BOARD   OF   EDUCATION. 

Section  1517.     To  be  amended  to  read  as  follows: 

Sec.  1517.  The  State  Board  of  Education  consists  of  the  Governor, 
the  Superintendent  of  Public  Instruction,  the  Principals  of  the  State 
Normal  Schools,  the  President  of  the  University  of  California,  and  the 
Professor  of  Pedagogy  therein. 

Note.— Changed  to  conform  to  Article  IX,  Constitution,  as  amended  in  1894. 

Section  1520.     To  be  amended  to  read  as  follows: 

Sec.  1520.  The  board  shall  meet  at  the  call  of  secretary,  and  at  least 
twice  in  each  year. 

Note. — Changed  to  improve  expression. 

Section  1521.     To  be  amended  to  read  as  follows: 

Sec.  1521.     The  powers  and  duties  of  the  board  are  as  follows: 

First — To  adopt  rules  and  regulations,  not  inconsistent  with  the  laws 

of  this  State,  for  its  own  government,  and  for  the  government  of  the 

public  schools  and  district  school  libraries. 


POLITICAL   CODE.'  219 

Second — To  grant  life  diplomas  of  two  grades,  valid  throughout  the 
State,  as  follows: 

1.  High  School:  authorizing  the  holder  to  teach  in  any  primary, 
grammar,  or  high  school  in  the  State; 

2.  Grammar  School:  authorizing  the  holder  to  teach  in  any  primary 
or  grammar  school  in  the  State. 

Third — High  school  life  diplomas  may  be  issued  only  to  such  persons 
as  have  held  for  three  years,  and  who  still  hold,  a  valid  high  school 
certificate,  and  who  shall  furnish  satisfactory  evidence  of  having  had 
a  successful  experience  in  teaching  of  not  less  than  eighty  months, 
twenty-four  of  which  must  have  been  in  the  University  of  California,  a 
California  state  normal  school,  or  a  high  school  established  under  the 
laws  of  California. 

Fourth — Grammar  school  life  diplomas  may  be  issued  only  to  such 
persons  as  have  held  for  three  years,  and  who  still  hold,  a  valid  grammar 
school  certificate,  or  a  certificate  or  diploma  of  California  which  is  the 
equivalent  of  a  grammar  school  certificate,  and  who  shall  furnish  satis- 
factory evidence  of  having  had  a  successful  experience  in  teaching  of 
not  less  than  eighty  (80)  months,  twenty-four  of  which  must  have  been 
in  the  public  schools  of  California.  Every  application  for  a  life  diploma 
must  be  accompanied  to  the  State  Board  of  Education  by  a  certified 
copy  of  a  resolution  adopted  by  at  least  a  four-fifths  vote  of  all  the 
members  composing  a  City  or  County  Board  of  Education,  recommend- 
ing that  the  diploma  be  granted,  and  also  by  an  affidavit  of  the  appli- 
cant, specifically  setting  forth  the  places  in  which,  and  the  dates  between 
which,  said  applicant  has  taught.  The  application  must  also  be  accom- 
panied by  a  fee  of  two  dollars,  for  the  purpose  of  defraying  the  expense  of 
issuing  the  diploma. 

Fifth — To  revoke  or  suspend,  for  immoral  or  unprofessional  conduct, 
or  for  evident  unfitness  for  teaching,  diplomas,  or  other  certificates  of 
qualification  to  teach,  heretofore  issued,  or  that  may  hereafter  be  issued; 
and  to  adopt  such  rules  for  the  revocation  of  diplomas  as  they  may 
deem  expedient  or  necessary. 

Sixth — To  have  done  by  the  Superintendent  of  State  Printing,  or 
other  officer  having  the  management  of  the  state  printing,  any  print- 
ing required  by  it;  provided,  that  all  orders  for  printing  shall  first  be 
approved  by  the  State  Board  of  Examiners. 

Seventh — To  adopt  and  use,  in  authentication  of  its  acts,  an  official 
seal. 

Eighth — To  keep  a  record  of  its  proceedings. 

Note.— The  amendment  consists  principally  in  dispensing  with  educational 
diplomas,  in  the  second  subdivision,  and  in  dropping  subdivision  ninth,  which 
provided  for  an  educational  journal.  This  was  done  at  the  unanimous  request  of 
the  State  Board  of  Education. 


220  PROPOSED   AMENDMENTS   TO   THE 

Section  1525.     A  new  section  to  be  added  to  read  as  follows: 
No  discrimination  against  women  teachers. 

Sec.  1525.  Women  employed  as  teachers  in  the  public  schools  of  this 
State  shall  in  all  cases  receive  the  same  compensation  as  is  allowed 
men  teachers  for  like  services  when  holding  the  same  grade  certificates. 

Note.— This  creates  a  new  section  for  the  purpose  of  embodying  the  substance 
of  the  statute  on  this  subject  into  the  Code. 

ARTICLE  II. 

SUPERINTENDENT    OF    PUBLIC   INSTRUCTION. 

Section  1532.     To  be  amended  to  read  as  follows: 

Sec.  1532.     It  is  the  duty  of  the  Superintendent  of  Public  Instruction: 

First — To  superintend  the  schools  of  this  State. 

Second — To  report  to  the  Governor,  on  or  before  the  fifteenth  day  of 
September  preceding  each  regular  session  of  the  Legislature,  a  state- 
ment of  the  condition  of  the  state  normal  schools  and  other  educational 
institutions  supported  by  the  State,  and  of  the  public  schools. 

Third — To  accompany  his  report  with  tabular  statements  showing 
the  number  of  census  children  in  the  State;  the  number  attending  public 
schools,  and  the  average  attendance;  the  number  attending  private 
schools;  the  amount  of  state  school  fund  apportioned,  and  the  sources 
from  which  derived;  the  amount  raised  by  county  and  district  taxes, 
or  from  other  sources  of  revenue,  for  school  purposes;  and  the  amount 
expended  for  salaries  of  teachers,  for  building  school-houses,  for  district 
school  libraries,  and  for  incidental  expenses. 

Fourth — To  apportion  the  state  school  fund;  and  to  furnish  an 
abstract  of  such  apportionment  to  the  State  Controller,  the  State  Board 
of  Examiners,  and  to  the  County  Auditors,  County  Treasurers,  and 
County  Superintendents  of  Schools  of  the  several  counties  of  the  State. 

Fifth — To  draw  his  order  on  the  Controller  in  favor  of  each  County 
Treasurer  for  school  moneys  apportioned  to  the  county. 

Sixth — To  prepare,  have  printed,  and  furnish  all  officers  charged  with 
the  administration  of  the  laws  relating  to  the  public  schools,  and  to 
teachers,  such  blank  forms  and  books  as  may  be  necessary  to  the  dis- 
charge of  their  duties,  including  blank  teachers'  certificates  to  be  used 
by  County  Boards  of  Education. 

Seventh — To  have  the  laws  relating  to  the  public  schools  printed  in 
pamphlet  form,  and  to  supply  school  officers  and  school  libraries  with 
one  copy  each. 

Eighth — To  visit  the  several  orphan  asylums  to  which  State  appropri- 
ations are  made,  and  examine  into  the  course  of  instruction  therein. 

Ninth — To  visit  the  schools  in  the  different  counties,  and  inquire  into 


POLITICAL   CODE.  221 

their  condition;  and  the  actual  traveling  expenses  thus  incurred  (pro- 
vided, that  they  do  not  exceed  fifteen  hundred  dollars  per  annum)  shall 
be  allowed,  audited,  and  paid  out  of  the  general  fund  in  the  same  man- 
ner as  other  claims  are  audited  and  paid. 

Tenth — To  authenticate  with  his  official  seal  all  drafts  or  orders 
drawn  by  him,  and  all  papers  and  writings  issued  from  his  office. 

Eleventh — To  have  bound,  at  the  state  bindery,  all  valuable  school 
reports,  journals,  and  documents  in  his  office,  or  hereafter  received  by 
him. 

Twelfth — To  report  to  the  Controller,  on  or  before  the  tenth  day  of 
July  of  each  year,  the  total  number  of  children  in  the  State  between  the 
ages  of  five  and  seventeen  years,  as  shown  by  the  latest  reports  of  the 
County  Superintendents  on  file  in  his  office. 

Thirteenth — To  deliver  over,  at  the  expiration  of  his  term  of  office,  on 
demand,  to  his  successor,  all  property,  books,  documents,  maps,  records, 
reports,  and  other  papers  belonging  to  his  office,  or  which  may  have 
been  received  by  him  for  the  use  of  his  office. 

Note.— The  amendment  is  in  the  third  and  fourth  subdivisions,  "census  chil- 
dren "  being  substituted  for  "school  children." 

ARTICLE  III. 
SCHOOL    SUPERINTENDENTS. 

Section  1543.     To  be  amended  to  read  as  follows: 

Sec.  1543.  It  is  the  duty  of  the  County  Superintendent  of  Schools  of 
each  county: 

First — To  superintend  the  schools  of  his  county. 

Second — 1.  To  apportion  the  school  moneys  to  each  school  district, 
as  provided  in  section  eighteen  hundred  and  fifty-eight  of  this  Code,  at 
least  four  times  a  year.  For  this  purpose  he  may  require  of  the  County 
Auditor  a  report  of  the  amount  of  all  school  moneys  on  hand  to  the 
credit  of  the  several  school  funds  of  the  county  not  already  apportioned; 
and  it  is  hereby  made  the  duty  of  the  Auditor  to  furnish  such  report 
when  so  required;  and  whenever  an  excess  of  money  has  accumulated 
to  the  credit  of  a  school  district  by  reason  of  a  large  census  roll  and  a 
small  attendance,  beyond  a  reasonable  amount  necessary  to  maintain  a 
school  for  eight  months  in  such  district  for  the  year,  the  Superintend- 
ent of  Schools  shall  place  said  excess  of  money  to  the  credit  of  the 
unapportioned  school  funds  of  the  county,  and  shall  apportion  the  same 
as  other  school  funds  are  apportioned. 

2.  If  in  any  school  district  there  has  been  an  average  daily  attendance 
of  only  five,  or  a  number  of  pupils  less  than  five,  during  the  whole  school 
year,  the  County  Superintendent  of  Schools  shall  at  once  suspend  the 


222  PROPOSED   AMENDMENTS   TO   THE 

district,  and  report  the  fact  to  the  Board  of  Supervisors  at  their  next 
meeting.  The  Board  of  Supervisors,  upon  receiving  such  report  from 
the  Superintendent,  shall  declare  the  district  lapsed,  and  shall  attach 
the  territory  thereof  to  one  or  more  of  the  adjoining  school  districts  in 
such  manner  as  may  be  by  them  deemed  most  convenient  for  the  residents 
of  said  lapsed  district. 

3.  When  any  district  has  been  declared  lapsed,  the  Board  of  Super- 
visors shall  sell  or  otherwise  dispose  of  the  property  thereto  belonging, 
and  shall  place  the  proceeds  of  such  sale  to  the  credit  of  the  district. 
Thereupon,  the  County  Superintendent  of  Schools  shall  determine  all 
outstanding  indebtedness  of  said  lapsed  district,  and  shall  draw  his 
requisition  upon  the  County  Auditor  in  payment  thereof.  Any  balance 
of  moneys  remaining  to  the  credit  of  said  lapsed  district  shall  be  trans- 
ferred by  the  Superintendent  to  the  unapportioned  school  funds  of  the 
county,  and  shall  be  apportioned  as  other  school  funds  are  apportioned. 
Should  there  not  be  sufficient  funds  to  the  credit  of  the  lapsed  district  to 
liquidate  all  the  outstanding  indebtedness  thereof,  the  Superintendent 
shall  draw  his  requisition  upon  the  County  Auditor  pro  rata  for  the 
several  claims. 

Third — On  the  order  of  the  Board  of  School  Trustees,  or  Board  of 
Education  of  any  city  or  town  having  a  Board  of  Education,  to  draw 
his  requisition  upon  the  County  Auditor  for  all  necessary  expenses 
against  the  school  fund  of  any  district.  The  requisitions  must  be 
drawn  in  the  order  in  which  the  orders  therefor  are  filed  in  his  office. 
Each  requisition  must  specify  the  purpose  for  which  it  is  drawn,  but  no 
requisition  shall  be  drawn  unless  the  money  is  in  the  fund  to  pay  it, 
and  no  requisition  shall  be  drawn  upon  the  order  of  the  Board  of  School 
Trustees  or  Board  of  Education  against  the  funds  of  any  district  except 
the  teachers'  salaries,  unless  such  order  is  accompanied  by  an  itemized 
bill  showing  the  separate  items,  and  the  price  of  each,  in  payment  for 
which  the  order  is  drawn;  nor  shall  any  requisition  for  teachers'  salaries 
be  drawn  unless  the  order  shall  state  the  monthly  salary  of  teacher, 
and  name  the  months  for  which  such  salary  is  due.  Upon  the  receipt 
of  such  requisition  the  Auditor  shall  draw  his  warrant  upon  the  County 
Treasurer  in  favor  of  the  parties  for  the  amount  stated  in  such  requisition. 

Fourth — To  keep,  open  to  the  inspection  of  the  public,  a  register  of 
requisitions,  showing  the  fund  upon  which  the  requisitions  have  been 
drawn,  the  number  thereof,  in  whose  favor,  and  for  what  purpose  they 
were  drawn,  and  also  a  receipt  from  the  person  to  whom  the  requisition 
was  delivered. 

Fifth — To  visit  and  examine  each  school  in  his  county  at  least  once 
in  each  year.  For  every  school  not  so  visited  the  Board  of  Supervisors 
must,  on  proof  thereof,  deduct  ten  dollars  from  his  salary. 

Sixth — To  preside  over  teachers'  institutes  held  in  his  county,  and  to 


POLITICAL   CODE.  223 

secure  the  attendance  thereat  of  lecturers  competent  to  instruct  in  the 
art  of  teaching,  and  to  report  to  the  County  Board  of  Education  the 
names  of  all  teachers  in  the  county  who  fail  to  attend  regularly  the 
sessions  of  the  institute;  to  enforce  the  course  of  study,  the  use  of  text- 
books, and  the  rules  and  regulations  for  the  examination  of  teachers 
prescribed  by  the  proper  authority. 

Seventh — He  shall  have  power  to  issue,  if  he  deem  it  proper  to  do  so, 
temporary  certificates,  valid  for  a  period  not  to  exceed  six  months,  upon 
credentials  upon  which  the  county  boards  are  empowered  to  grant  cer- 
tificates without  examination,  as  specified  in  section  seventeen  hundred 
and  seventy-five;  provided,  that  no  person  shall  be  entitled  to  receive 
such  temporary  certificate  more  than  once  in  the  same  county. 

Eighth — To  distribute  all  laws,  reports,  circulars,  instructions,  and 
blanks  which  he  may  receive  for  the  use  of  school  officers. 

Ninth — To  keep  in  his  office  the  reports  of  the  Superintendent  of 
Public  Instruction. 

Tenth — To  keep  a  record  of  his  official  acts,  and  of  all  the  proceed- 
ings of  the  County  Board  of  Education,  including  a  record  of  the  stand- 
ing, in  each  study,  of  all  applicants  examined,  which  shall  be  open  to 
the  inspection  of  any  applicant  or  his  authorized  agent. 

Eleventh — Except  in  incorporated  cities  having  Boards  of  Educa- 
tion, to  pass  upon  and  approve  or  reject,  all  plans  for  school-houses. 
To  enable  him  to  do  so,  all  Boards  of  Trustees,  before  adopting  any 
plans  for  school  buildings,  must  submit  the  same  to  the  County  Super- 
intendent of  Schools  for  his  approval. 

Twelfth — To  appoint  trustees  to  fill  all  vacancies,  to  hold  until  the 
first  day  of  July  succeeding  such  appointment;  when  new  districts  are 
organized,  to  appoint  trustees  for  the  same,  who  shall  hold  office  until 
the  first  day  of  July  next  succeeding  their  appointment.  In  case  of 
the  failure  of  the  trustees  to  employ  a  janitor,  as  provided  in  section 
sixteen  hundred  and  seventeen,  subdivision  seventh,  of  this  Code,  he 
shall  appoint  a  janitor,  who  shall  be  paid  out  of  the  school  fund  of  the 
district.  Should  the  Board  of  School  Trustees  of  any  district  fail  or 
refuse  to  issue  an  order  for  the  compensation  of  such  service,  the 
County  Superintendent  of  Schools  is  hereby  authorized  to  issue,  without 
such  order,  his  requisition  upon  the  county  school  fund  apportioned  to 
such  district. 

Thirteenth — To  make  reports,  when  directed  by  the  Superintendent  of 
Public  Instruction,  showing,  such  matters  relating  to  the  public  schools 
in  his  county  as  may  be  required  of  him. 

Fourteenth — To  preserve  carefully  all  reports  of  school  officers  and 
teachers,  and,  at  the  close  of  his  official  term,  deliver  to  his  successor 
all  records,  books,  documents,  and  papers  belonging  to  the  office,  taking 
a  receipt  for  the  same,  which  will  be  filed  in  the  office  of  the  County  Clerk. 


224  PROPOSED   AMENDMENTS    TO    THE 

Fifteenth — The  County  Superintendent  of  Schools  shall,  unless  other- 
wise provided  by  law,  in  the  month  of  May,  fix  the  grade  of  each  school 
for  the  succeeding  school  year,  and  a  record  thereof  shall  be  made  in  a 
book  to  be  kept  by  the  County  Superintendent  of  Schools  in  his  office 
for  this  purpose.  And  no  teacher  holding  a  certificate  below  the  grade 
of  said  school  shall  be  employed  to  teach  the  same. 

Note.— The  amendment  of  the  first,  eleventh,  and  twelfth  subdivisions  consists 
only  in  an  effort  to  improve  their  construction.  Subdivision  seven  is  amended  to 
fix  definitely  the  life  of  a  temporary  certificate.  The  amendment  of  subdivision 
fifteen  was  made  so  that  the  grade  of  a  school  might  be  known  before  the  begin- 
ning of  the  school  year,  and  be  a  guide  to  the  proper  selection  of  a  teacher. 

Section  1545.     To  be  amended  to  read  as  follows: 

Sec.  1545.  If  the  trustees  of  any  school  district  refuse  or  neglect  to 
engage  a  teacher  for  a  period  of  six  months,  it  shall  be  the  duty  of  the 
County  Superintendent  of  Schools  to  appoint  a  teacher,  fix  his  salary, 
and  draw  his  requisition  upon  the  County  Auditor,  who  shall  draw  his 
warrant  upon  the  fund  of  such  district  for  the  expenses  incurred. 

Note. — Changed  in  the  interest  of  the  children.  By  this  change  the  County 
Superintendent  of  Schools  has  power  to  force  or  compel  a  six  months'  school,  pro- 
vided the  district  has  funds. 

Section  1549.     To  be  amended  to  read  as  follows: 

Sec.  1549.  Each  County  Superintendent  of  Schools  may  appoint  a 
deputy,  but  no  salary  payable  out  of  the  school  fund  must  be  allowed 
such  deputy. 

Note.— Changed  to  improve  the  expression. 

Section  1551.     To  be  amended  to  read  as  follows: 

Sec.  1551.  Everv  County  Superintendent  of  Schools,  and  Superin- 
tendent of  City  and  County  Schools,  in  this  State,  must,  on  or  before  the 
first  day  in  July  of  each  year,  report  to  the  Superintendent  of  Public 
Instruction,  and  to  the  Board  of  Supervisors  of  his  county,  the  number 
of  children  therein  between  the  ages  of  five  and  seventeen  years,  as 
appears  by  the  latest  returns  of  the  census  marshals  on  file  in  his  office. 
It  shall  be  the  duty  of  every  County  Superintendent  of  Schools  to 
inquire  and  ascertain  whether  the  boundaries  of  the  school  districts  in 
his  county  are  definitely  and  plainly  described  in  the  records  of  the 
Board  of  Supervisors,  and  to  keep  in  his  office  a  full  and  correct  tran- 
script of  such  boundaries.  In  case  the  boundaries  of  the  districts  are 
conflicting  or  incorrectly  described,  he  shall  .report  such  fact  to  the  Board 
of  Supervisors,  and  the  Board  of  Supervisors  shall  immediately  take 
such  steps  as  are  necessary  to  change,  harmonize,  and  clearly  define 
them.  The  County  Superintendent  of  Schools,  if  he  deem  it  necessary 
ior  the  guidance  of  school  census  marshals,  may  order  the  description  of 


POLITICAL   CODE.  225 

i 

the  district  boundaries  printed  in  pamphlet  form,  and  pay  for  the  same 

out  of  the  county  school  fund. 

Note.— Changed  to  improve  the  expression.    The  change  includes  San  Francisco, 
having  a  "Superintendent  of  City  and  County  Schools." 

Section  1552.     To  be  amended  to  read  as  follows: 

Sec.  1552.  Each  County  Superintendent  of  Schools  shall  receive  his 
actual  and  necessary  traveling  expenses,  said  expenses  to  be  allowed  by 
the  Board  of  Supervisors,  and  to  be  paid  out  of  the  county  general  fund; 
provided,  that  this  amount  shall  not  exceed  ten  dollars  per  district  per 
annum. 

Note.— Changed  to  improve  the  expression. 

Section  1553.     To  be  amended  to  read  as  follows: 

Sec.  1553.  No  County  Superintendent  of  Schools  who  receives  an 
annual  salary  of  fifteen  hundred  dollars  or  more  must  follow  the  pro- 
fession of  teaching,  or  any  other  vocation  that  can  conflict  with  his 
duties  as  Superintendent;  but  those  receiving  less  than  fifteen  hun- 
dred dollars  per  annum  may  teach  in  the  public  schools  of  this  State. 
Note.— Changed  to  be  specific  in  its  application. 


ARTICLE  IV. 
teachers'   institutes. 

Section  1560.     To  be  amended  to  read  as  follows: 

Sec.  1560.  The  County  Superintendent  of  Schools  of  every  county 
in  which  there  are  twenty  or  more  school  districts,  and  of  every  city 
and  county  in  the  State,  must  hold  at  least  one  teachers'  institute  in 
each  year;  and  every  teacher  employed  in  a  public  school  in  the  county 
must  attend  such  institute  and  participate  in  its  proceedings;  provided, 
that  cities  employing  seventy  or  more  teachers  may  have  a  separate 
institute,  to  meet  at  least  once  a  year,  the  sessions  to  be  of  not  less  than 
three,  nor  more  than  five,  days;  and  provided  further,  that  teachers 
attending  such  city  institute  shall  not  be  required  to  attend  the  county 
institute.  The  expenses  of  such  city  institutes,  not  exceeding  two 
hundred  dollars  annually,  shall  be  paid  from  the  special  school  funds  of 
said  city. 

Note.— Changed  to  improve  the  expression. 

Section  1561.     To  be  amended  to  read  as  follows: 

Sec.  1561.  In  any  county  in  which  there  are  less  than  twenty  school 
districts,  the  County  Superintendent  of  Schools  may,  in  his  discretion, 
hold  an  institute.     When  directed  by  the  County  Board  of  Education, 

15— c 


226  PROPOSED   AMENDMENTS   TO   THE 

he  shall  hold  an  institute,  not  oftener  than  once  each  year,  at  such  time 
and  place  as  the  board  may  direct. 

Note.— Changed  to  improve  the  expression. 

Section  1564.     To  be  amended  to  read  as  follows: 

Sec.  1564.  The  County  Superintendent  of  Schools  must  keep  an  accu- 
rate account  of  the  actual  expenses  of  said  institute,  with  vouchers  for 
the  same,  and  draw  his  requisition  upon  the  County  Auditor,  who  shall 
draw  his  warrant  on  the  unapportioned  county  school  fund  to  pay  said 
amount;  provided,  that  such  amount  must  not  exceed  two  hundred 
dollars  for  any  one  year. 

Note—  Changed  to  improve  the  expression. 

Section  1565.     To  be  amended  to  read  as  follows: 

Sec.  1565.  Except  for  a  temporary  certificate,  every  applicant  for  a 
teacher's  certificate,  or  for  the  renewal  of  a  certificate,  upon  presenting 
his  application,  shall  pay  to  the  County  Superintendent  of  Schools  a  fee 
of  two  dollars,  to  be  by  him  immediately  deposited  with  the  County 
Treasurer,  to  the  credit  of  a  fund  to  be  known  as  the  teachers'  institute 
and  library  fund.  All  funds  so  credited  shall  be  drawn  out  only  upon 
the  requisition  of  the  County  Superintendent  of  Schools  upon .  the 
County  Auditor,  who  shall  draw  his  warrant  in  payment  of  the  services 
of  instructors  in  the  county  teachers'  institute;  provided,  they  be  not 
teachers  in  the  public  schools  of  the  county  in  which  such  institute  is 
held;  and  for  the  purchase  of  books  for  a  library  for  the  use  of  the 
teachers  of  the  county.  At  least  fifty  per  cent  of  the  teachers'  institute 
and  library  fund  shall  be  expended  for  books.  The  County  Superin- 
tendent of  Schools  shall  take  charge  of  the  teachers'  library,  prepare  a 
catalogue  of  its  contents,  and  keep  a  correct  record  of  books  taken 
therefrom  and  returned  thereto. 

Note.— Changed  in  order  that  there  shall  he  a  fee  required  for  every  certificate 
issued  by  either  City  or  County  Boards  of  Education.  The  following :  "  and  except 
as  provided  in  subdivision  second  of  Section  1503  of  the  Political  Code,"  is  dropped 
from  the  section  as  it  now  stands. 


ARTICLE  V. 

SCHOOL    DISTRICTS. 

Section  1577.     To  be  amended  to  read  as  follows: 

Sec.  1577.  First — No  new  school  district  shall  be  formed  at  any 
other  time  than  between  the  first  day  of  November  and  the  tenth  day 
of  February,  nor  at  that  time,  unless  the  parents  or  guardians  of  at 
least  fifteen  census  children,  residents  of  such  proposed  new  district, 
and  residing  at  a  greater  distance  than  two  miles  by  a  traveled  road 


POLITICAL   CODE.  227 

from  the  public  school-house  in  the  district  in  which  said  parents  or 
guardians  reside,  present  a  petition  to  the  County  Superintendent  of 
Schools,  setting  forth  the  boundaries  of  the  new  district  asked  for; 
provided,  that  the  provision  requiring  that  the  petitioners  shall  reside  a 
distance  of  more  than  two  miles  by  a  traveled  road  from  the  said  public 
school-house  may  be  dispensed  with  when  the  petition  shall  be  signed 
by  the  parents  or  guardians  of  fifty  or  more  census  children,  residents 
of  a  district  containing  more  than  three  hundred  census  children. 

Second — The  boundaries  of  a  school  district,  except  as  provided  in 
section  fifteen  hundred  and  fifty-one  of  the  Political  Code,  shall  be 
changed  only  between  the  first  day  of  November  and  the  tenth  day  of 
February  in  any  year,  and  then  only  when  at  least  ten  heads  of  families 
residing  in  the  districts  affected  by  the  proposed  change  of  boundaries 
shall  present  to  the  County  Superintendent  of  Schools  a  petition  setting 
forth  the  changes  of  boundaries  desired,  and  the  reasons  for  the  same; 
provided,  that  two  or  more  districts  lying  contiguous  may  at  any  time 
be  united  to  constitute  but  one  district,  whenever  a  petition,  signed  by 
a  majority  of  the  heads  of  families  residing  in  each  of  said  districts, 
shall  be  presented  to  the  County  Superintendent  of  Schools. 

Third — Joint  districts  (that  is,  districts  lying  partly  in  one  county 
and  partly  in  another)  may  be  formed  at  any  time  between  the  first 
day  of  December  and  the  fifth  day  of  April  in  any  year,  whenever  a 
petition  signed  by  the  parents  or  guardians  of  at  least  fifteen  census 
children,  residents  of  such  proposed  joint  district,  and  residing  at  a 
greater  distance  than  two  miles  by  a  traveled  road  from  any  public 
school-house,  shall  be  presented  to  the  County  Superintendent  of  Schools 
of  each  county  affected  by  the  proposed  formation  of  the  joint  district; 
and  provided  further,  that  the  provision  requiring  that  the  petitioners 
shall  reside  a  distance  of  more  than  two  miles  by  a  traveled  road  from 
any  public  school-house  may  be  dispensed  with,  when  the  petition  shall 
be  signed  by  the  parents  or  guardians  of  fifty  or  more  census  children, 
residents  of  districts  any  one  of  which  contains  more  than  three  hun- 
dred census  children.  All  the  provisions  relative  to  the  formation  of 
joint  districts  shall  be  by  concurrent  action  of  the  County  Superin- 
tendent of  Schools  and  the  Board  of  Supervisors  of  each  county  affected. 

Fourth — The  children  residing  in  any  newly  formed  district  in  any 
district  whose  boundaries  have  been  changed,  or  in  any  joint  district, 
shall  be  permitted  to  attend  the  school  in  the  district  or  districts  from 
which  the  newly  formed  district  was  constituted  until  the  first  day  of 
July  next  succeeding  the  formation  or  change. 

Fifth — Whenever  a  district  shall  be  united  with  a  municipality,  or 
with  another  district,  all  funds  belonging  to  said  district  shall  be  trans- 
ferred, by  requisition  of  the  County  Superintendent  of  Schools  of  the 


228  PROPOSED   AMENDMENTS   TO   THE 

county,  upon  the  County  Auditor,  to  the  municipality  or  district  with 
which  said  district  is  united. 

Note.— Changed  in  order  that  all  districts  may  be  complete  and  organized  by 
the  1st  of  March,  thus  enabling  the  Assessors  to  list  district  property.  This  will 
furnish  the  basis  for  taxation,  and  will  enable  new  districts  to  provide  buildings, 
etc.,  without  delay. 

Other  changes  are  to  improve  the  general  expression. 

Section  1578.     To  be  amended  to  read  as  follows: 

Sec.  1578.  After  giving  due  notice  to  all  parties  interested,  by  send- 
ing notice  by  registered  mail  to  each  of  the  trustees  of  any  school  district 
that  may  be  affected  by  the  proposed  change,  or  by  causing  notices  to 
be  posted  in  three  public  places  in  each  district  affected,  one  of  which 
shall  be  at  the  door  of  the  school-house  of  said  district,  for  at  least  one 
week,  the  County  Superintendent  of  Schools  must  transmit  the  petition 
to  the  Board  of  Supervisors,  with  his  approval  or  disapproval.  If  he 
approves  the  petition,  he  may  note  such  changes  in  the  boundaries  as  he 
may  think  desirable. 

Note. — Changed  to  improve  the  expression. 

Section  1581.     To  be  amended  to  read  as  follows: 

Sec.  1581.  After  the  making  of  an  order  by  the  Board  of  Supervisors 
creating  a  new  district,  the  school  must  be  opened  therein  not  later  than 
the  first  Monday  of  October  following  the  date  of  said  order;  otherwise 
said  order  shall  be  null  and  void. 

Note. — Changed  in  order  to  be  definite  as  to  what  year  is  meant. 

Section  1583.     To  be  amended  to  read  as  follows: 

Sec.  1583.  Whenever  a  district  lies  partly  in  one  county  and  partly 
in  another,  the  County  Superintendent  of  Schools  must  apportion  to 
such  district  such  proportion  of  the  school  money  to  which  such  district 
is  entitled,  as  the  number  of  school  census  children  residing  in  that 
portion  of  the  district  situated  in  his  county  bears  to  the  whole  number 
of  school  census  children  in  the  whole  district.  The  text-books  to  be 
used,  and  the  rules  governing  the  school,  in  such  district,  shall  be  those 
adopted  by  the  Board  of  Education  of  the  county  in  which  the  school- 
house  in  said  joint  district  is  located.  The  trustees  and  teachers  of 
joint  districts  shall  make  to  the  County  Superintendent  of  Schools  of 
each  county  in  which  the  district  is  located,  the  reports  which  other 
trustees  and  teachers  are  required  to  make,  and  also  the  number  of 
pupils  attending  the  school  from  each  county.  The  teacher  in  such 
joint  district  shall  not  be  required  to  hold  a  certificate  in  both  counties. 
Note.— Changed  to  improve  the  expression. 


POLITICAL   CODE.  229 

ARTICLE  VI. 

ELECTIONS    FOR    SCHOOL    TRUSTEES. 

Section  1599.     To  be  amended  to  read  as  follows; 

Sec.  1599.  The  voting  must  be  by  ballot  (without  reference  to  the 
general  election  law  in  regard  to  nominations,  form  of  ballot,  or  man- 
ner of  voting). 

Note.— Changed  to  improve  the  section.    We  think  it  unnecessary  to  retain  the 
last  three  (3)  lines  as  they  now  appear  in  the  section. 

Section  1600.     To  be  amended  to  read  as  follows: 

Sec.  1600.  Any  person  offering  to  vote  may  be  challenged  by  any 
elector  of  the  district,  and  the  judges  of  election  must  thereupon  admin- 
ister to  the  person  challenged  an  oath,  in  substance  as  follows:  "You 
do  swear  that  you  are  a  citizen  of  the  United  States,  that  you  are  twenty- 
one  years  of  age,  that  you  have  resided  in  this  State  one  year,  in  this 
county  ninety  days,  and  in  this  school  district  thirty  days  next  preced- 
ing this  election,  and  that  your  name  appears  on  the  great  register  of 
this  county  as  an  elector  of  this  precinct,  and  that  you  have  not  before 
voted  this  day."  If  he  takes  the  oath  prescribed  in  this  section,  his 
vote  must  be  received,  otherwise  his  vote  must  be  rejected. 

Note.— Changed  to  comply  with  Section  1083  of  the  Political  Code,  relating  to 
"qualifications  of  electors.'' 

ARTICLE  VII. 
BOARDS   OF    SCHOOL    DISTRICTS,    AND   CITY   BOARDS    OF   EDUCATION. 

Section  1615.    To  be  amended  to  read  as  follows: 

Sec.  1615.  First — When  a  new  district  is  organized,  such  of  the 
trustees  of  the  old  district  as  reside  within  the  boundaries  of  the  new 
shall  be  trustees  of  the  new  district  until  the  expiration  of  the  time  for 
which  they  were  elected. 

Second — When  joint  districts  are  formed,  three  trustees  shall  be 
elected  at  the  June  election  next  succeeding  the  formation  thereof,  to 
hold  office  for  one,  two,  and  three  years  respectively,  from  the  first 
day  of  July  next  succeeding  their  election.  The  terms  of  the  trustees 
in  the  districts  uniting  to  form  the  joint  district  shall  expire  on  the 
formation  of  said  joint  district,  and  the  County  Superintendent  of 
Schools  of  the  county  in  which  lies  the  district  having  the  greater 
number  of  census  children  shall  appoint  two  trustees,  and  the  County 
Superintendent  of  Schools  of  the  county  in  which  the  other  district 
lies  shall  appoint  one  trustee,  to  hold  office  until  the  first  day  of  July 
next  succeeding  the  formation*  of  the  joint  district. 


230  PKOPOSED   AMENDMENTS   TO   THE 

Section  1617.     To  be  amended  to  read  as  follows: 

Sec.  1617.  The  powers  and  duties  of  trustees  of  school  districts,  and 
of  Boards  of  Education  in  cities,  are  as  follows: 

First — To  prescribe  and  enforce  rules,  not  inconsistent  with  law  or 
those  prescribed  by  the  State  Board  of  Education,  for  their  own  govern- 
ment and  government  of  schools,  and  to  transact  their  business  at 
regular  or  special  meetings  called  for  such  purpose,  notice  of  which 
shall  be  given  each  member. 

Second — To  manage  and  control  the  school  property  within  their  dis- 
tricts, and  to  pay  all  moneys  collected  by  them,  from  any  source  what- 
ever, for  school  purposes,  into  the  county  treasury,  to  be  placed  to  the 
credit  of  the  special  fund  of  their  districts. 

Third — To  purchase  text-books  of  the  State  series  for  the  use  of 
pupils  whose  parents  are  unable  to  purchase  them;  school  furniture, 
including  organs  and  pianos,  and  apparatus  and  such  other  things  as 
may  be  necessary  for  the  use  of  schools;  provided,  that,  except  in  incor- 
porated cities  having  Boards  of  Education,  they  purchase  such  books 
and  apparatus  only  as  have  been  adopted  by  the  County  Board  of 
Education. 

Fourth — To  rent,  furnish,  repair,  and  insure  the  school  property  of 
their  respective  districts. 

Fifth — When  directed  by  a  vote  of  their  district,  to  build  school- 
houses,  or  to  purchase  or  sell  school-lots,  and  to  make,  in  the  name 
of  the  district,  conveyances  on  all  property  so  purchased  or  sold. 

Sixth — To  employ  the  teachers,  and  except  in  incorporated  cities 
having  Boards  of  Education,  immediately  notify  the  County  Superin- 
tendent of  Schools,  in  writing,  of  such  employment,  naming  the  grade 
of  certificate  held  by  the  teachers  employed;  also  to  employ  janitors 
and  other  employes  of  the  schools;  to  fix  and  order  paid  their  com- 
pensation, unless  the  same  be  otherwise  prescribed  by  law;  provided, 
that  no  Board  of  Trustees  shall  enter  into  any  contract  with  such 
employes  to  extend  beyond  the  thirtieth  day  of  Jane  next  ensuing; 
and  provided  further,  that  Boards  of  Trustees  may  elect  teachers  in  the 
month  of  June  for  the  succeeding  school  year. 

Seventh — To  suspend  and  expel  pupils  for  misconduct. 

Eighth — To  exclude  from  schools  children  under  six  years  of  age; 
provided,  that  in  cities  and  towns  in  which  the  kindergarten  has  been 
adopted,  or  may  hereafter  be  adopted,  as  a  part  of  the  public  primary 
schools,  children  may  be  admitted  to  such  kindergarten  classes  at  the 
age  of  four  years. 

Ninth — To  enforce  in  schools  the  course  of  study  and  the  use  of  text- 
books prescribed  and  adopted  by  the  proper  authority. 

Tenth — To  appoint  district  librarians,  and  enforce  the  rules  pre- 
scribed for  the  government  of  district  libraries. 


POLITICAL    CODE.  231 

Eleventh — To  exclude  from  school  and  school  libraries  all  books, 
publications,  or  papers  of  a  sectarian,  partisan,  or  denominational 
character. 

Twelfth — To  furnish  books  for  the  children  of  parents  unable  to 
purchase  them;  the  books  so  furnished  to  belong  to  the  school  district, 
and  to  be  kept  in  the  district  school  library  when  not  in  use. 

Thirteenth — To  keep  a  register,  open  to  the  inspection  of  the  public, 
of  all  children  applying  for  admission  and  entitled  to  be  admitted  into 
the  public  schools,  and  to  notify  the  parents  or  guardians  of  such 
children  when  vacancies  occur,  and  receive  such  children  into  the 
schools  in  the  order  in  which  they  are  registered. 

Fourteenth — To  permit  children  from  other  districts  to  attend  the 
schools  of  their  district  only  upon  the  consent  of  the  trustees  of  the 
district  in  which  such  children  reside;  provided,  that  should  the  trustees 
of  the  district  in  which  children  whose  parents  or  guardians  desire  them 
to  attend  in  other  districts  reside,  refuse  to  grant  their  consent,  the 
parents  or  guardians  of  such  children  may  appeal  to  the  County  Super- 
intendent of  Schools,  and  his  decision  shall  be  final. 

Fifteenth — On  or  before  the  first  day  of  April  in  each  year,  to  appoint 
a  school  census  marshal,  and  notify  the  County  Superintendent  of 
Schools  thereof;  provided,  that  in  any  city,  or  city  and  county,  the 
appointment  of  all  school  census  marshals  shall  be  subject  to  the 
approval  of  the  County  Superintendent  of  Schools. 

Sixteenth — To  make  an  annual  report,  on  or  before  the  first  day  of 
July,  to  the  County  Superintendent  of  Schools,  in  the  manner  and  form, 
and  on  the  blanks,  prescribed  by  the  Superintendent  of  Public  Instruc- 
tion. 

Seventeenth — To  make  a  report,  whenever  required,  directly  to  the 
Superintendent  of  Public  Instruction,  of  the  text-books  used  in  their 
schools. 

Eighteenth — To  visit  every  school  in  their  district  at  least  once  in 
each  term,  and  examine  carefully*  into  its  management,  condition,  and 
wants.  This  clause  to  apply  to  each  and  every  member  of  the  Board  of 
Trustees. 

Nineteenth — Boards  of  Trustees  may,  and  upon  a  petition  signed  by 
a  majority  of  the  heads  of  families  resident  in  the  district,  as  shown  by 
the  last  preceding  school  census,  must,  call  meetings  of  the  qualified 
electors  of  the  district  for  determining  or  changing  the  location  of  the 
school-house,  or  for  consultation  in  regard  to  any  litigation  in  which  the 
district  may  be  engaged,  or  be  likely  to  become  engaged,  or  in  regard  to 
any  affairs  of  the  district.  Such  meetings  shall  be  called  by  posting 
three  notices  in  public  places,  one  of  which  shall  be  in  a  conspicuous 
place  on  the  school-house,  for  not  less  than  ten  days  previous  to  the 
time  for  which  the  meeting  shall  be  called,  which  notices  shall  specify 


232  PROPOSED   AMENDMENTS    TO   THE 

the  purposes  for  which  said  meeting  shall  be  called;  and  no  other  busi- 
ness shall  be  transacted  at  such  meetings.  District  meetings  shall  be 
organized  by  choosing  a  chairman  from  the  electors  present,  and  the 
district  clerk  shall  be  clerk  of  the  meeting,  and  shall  enter  the  minutes 
thereof  on  the  records  of  the  district.  A  meeting  so  called  shall  be 
competent  to  instruct  the  Board  of  Trustees: 

1.  In  regard  to  the  location  or  change  of  location  of  the  school-house, 
or  the  use  of  the  same  for  other  than  school  purposes;  provided,  that  in 
no  case  shall  the  school-house  be  used  for  purposes  which  necessitate 
the  removal  of  any  school  desks  or  other  school  furniture; 

2.  In  regard  to  the  sale  and  purchase  of  school  sites; 

3.  In  regard  to  prosecuting,  settling,  or  compromising  any  litigation 
in  which  the  district  may  be  engaged,  and  may  vote  money  from  the 
county  fund  of  the  district,  not  exceeding  one  hundred  dollars  in  any 
one  year,  for  any  of  these  purposes.  All  funds  raised  by  the  sale  of 
school  property  may  be  disposed  of  by  direction  of  a  district  meeting. 
District  meetings  may  be  adjourned  from  time  to  time,  as  found  neces- 
sary, and  all  votes  instructing  the  Board  of  Trustees  shall  be  taken  by 
ballot.  The  Board  of  Trustees  shall  in  all  cases  be  bound  by  the 
instructions  of  the  district  meeting  in  regard  to  the  subjects  mentioned 
in  this  subdivision  of  this  section;  provided,  that  the  vote  in  favor  of 
changing  the  location  of  the  school-house  shall  be  two  thirds  of  all 
electors  voting  at  said  meeting  upon  the  proposition  to  change  the 
location. 

Note. — The  fifth  and  sixth  subdivisions  are  combined,  while  in  the  sixth  as 
amended,  the  Board  of  Trustees  are  empowered  to  elect  teachers  in  June  for  the 
succeeding  school  year,  which  will  do  much  to  avert  the  evil  of  changing  teachers, 
who  have  heretofore  sought  new  positions,  pending  the  delay  in  organizing  the 
new  board  in  July.  In  the  fifteenth,  the  approval  of  census  marshals  is  taken 
from  the  city  superintendent  and  given  to  the  county  superintendent,  as  the  latter 
is  charged  with  the  apportionment  of  school  moneys  to  cities. 

Section  1621.     To  be  amended  to  read  as  follows: 

Sec.  1621.  The  Boards  of  School  Trustees  and  City  Boards  of  Edu- 
cation must  use  the  school  moneys  received  from  state  and  county 
apportionments  exclusively  for  the  support  of  schools  for  that  school 
year,  until  at  least  an  eight  months'  school  has  been  maintained.  If  at 
the  end  of  any  year,  during  which  an  eight  months'  school  has  been 
maintained,  there  is  an  unexpended  balance,  it  may  be  used  for  the 
payment  of  claims  outstanding  against  the  district,  or  it  may  be  used 
for  the  year  succeeding.  Any  balance  remaining  on  hand  at  the  end 
of  any  school  year  in  which  school  has  not  been  maintained  eight 
months  may  be  re-apportioned  by  the  County  Superintendent  of 
Schools,  as  other  moneys  are  apportioned;  provided,  that  if  a  district 
has  been  prevented  from  maintaining  a  school  for  eight  months  in  any 
year  in  consequence  of  fire,  flood,  prevailing  epidemic,  or  other  cause 


POLITICAL    CODE.  233 

which  may,  upon  investigation  by  the  County  Superintendent  of 
Schools  of  the  county,  be  determined  to  be  a  good  and  sufficient  one, 
said  balance  shall  not  be  re-apportioned. 

Note.— Changed  "  shall "  to  "  may  "  in  the  interest  of  very  weak  districts.  A 
district  may  close  at  end  of  four  or  five  months  because  of  no  funds.  In  July 
following,  an  apportionment  is  made  (belonging  to  the  year  ending  June  30  pre- 
ceding.) It  is  not  right  to  deprive  the  district  of  this  apportionment.  The  pres 
ent  recommendations  aim  to  prevent  it. 

Section  1622.     To  be  amended  to  read  as  follows: 

Sec.  1622.  Boards  of  School  Trustees  and  City  Boards  of  Education 
may  use  the  school  moneys  received  from  state  and  county  apportion- 
ments during  the  school  year  for  any  of  the  purposes  authorized  by 
this  chapter;  but  a  sum  equal  to  the  amount  received  from  the  state 
apportionment,  and  at  least  sixty  (60)  per  cent  of  the  county  appor- 
tionment, exclusive  of  the  library  fund,  must  be  used  exclusively  for  the 
payment  of  teachers  of  primary  and  grammar  grade  schools. 

Note. — This  change  is  calculated  to  prevent  trustees  from  using  money  in  excess 
of  a  reasonable  amount,  for  purposes  other  than  the  actual  maintenance  of  the 
school.  The  children  will  receive  the  direct  benefit  to  which  they  are  entitled  if 
this  recommendation  prevails. 

Section  1623.     To  be  amended  to  read  as  follows: 

Sec.  1623.  Boards  of  Trustees  and  City  Boards  of  Education  are 
liable  as  such,  and  in  the  name  of  the  district,  for  any  judgment  against 
the  district  for  salary  due  any  teacher  on  contract,  and  for  all  debts 
contracted  under  the  provisions  of  this  chapter,  and  they  must  pay  such 
judgment  or  liabilities  out  of  the  school  moneys  to  the  credit  of  such 
district;  provided,  that  the  contracts  mentioned  in  this  section  are  not 
in  excess  of  the  school  moneys  accruing  to  the  district  for  the  school 
year  for  which  the  contracts  are  made,  otherwise  the  district  shall  not 
be  held  liable. 

Note.— Changed  to  be  consistent  with  Section  1617. 

ARTICLE  VIII. 
DISTRICT   CENSUS    MARSHALS. 

Section  1635.     To  be  amended  to  read  as  follows: 

Sec.  1635.     Whenever  a  district  is  formed  lying  partly  in  two  adjoin- 
ing counties,  the  census  marshal   must  report  to  each  County  Super- 
intendent of  Schools  the  number  of  children  in  each  county. 
Note.— Changed  to  improve  the  expression. 

Section  1639.     To  be  amended  to  read  as  follows: 
Sec.  1639.     The  compensation  of  census  marshal  must  be  audited  and 
paid  as  other  claims  upon  the  school  fund  of  the  district  are  audited 


234  •  PROPOSED   AMENDMENTS   TO   THE 

and  paid;  provided,  such  compensation  shall  not  exceed  six  dollars  per 
day  for  time  actually  and  necessarily  employed;  and  provided  further, 
that  in  no  case  shall  the  compensation  be  computed  at  a  per  capita 
sum;  nor  shall  any  order  for  such  compensation  be  drawn  by  the  trus- 
tees of  any  district,  or  by  any  Board  of  Education,  until  they  shall  have 
been  notified  by  the  County,  City,  or  City  and  County  Superintendent 
of  Schools  that  the  report  of  the  census  marshal  has  been  approved  by 
him.  In  case  the  report  should  not  be  approved  by  the  County,  City, 
or  City  and  County  Superintendent  of  Schools,  the  census  marshal  shall 
not  be  entitled  to  receive  any  compensation. 

Note.— Changed  to  improve  and  complete  the  expression  and  intent. 

ARTICLE  IX. 

CLERKS   OF    SCHOOL    DISTRICTS. 

Section  1650.     To  be  amended  to  read  as  follows: 

Sec.  1650.     It  is  the  duty  of  the  clerk: 

First — To  call  meetings  of  the  board  at  the  request  of  two  members, 
and  to  act  as  clerk  of  the  board,  and  keep  a  record  of  its  proceedings, 
and  an  accurate  account  of  the  receipts  and  expenditures  of  school 
moneys. 

Second — To  keep  his  records  and  accounts  open  to  the  inspection  of 
the  electors  of  the  district,  in  suitable  books  provided  by  the  Board  of 
School  Trustees  for  that  purpose. 

Third — To  perform  such  other  duties  as  may  be  prescribed  by  the 
board. 

Note.— Subdivision  third  is  stricken  out  to  correspond  with  the  amendment  to 
Section  1521,  and  subdivision  fourth  renumbered  third. 

ARTICLE  X. 

SCHOOLS. 

Section  1663.     To  be  amended  to  read  as  follows: 

Sec.  1663.  1.  All  schools,  unless  otherwise  provided  by  law,  must  be 
divided  into  primary  and  grammar  grades,  and  the  first  five  years, 
exclusive  of  the  kindergarten  classes,  shall  constitute  the  primary 
grades.  The  County  Board  of  Education  must,  except  in  incorporated 
cities  having  Boards  of  Education,  on  or  before  the  first  day  of  July, 
prescribe  the  course  of  study  in  each  grade  for  the  ensuing  year. 

2.  Except  in  incorporated  cities  having  Boards  of  Education,  the 
County  Board  of  Education  shall  provide  for  issuing  certificates  of  pro- 
motion to  such  pupils  as  are  prepared  to  take  up  the  work  of  a  higher 
grade.     It  shall  also  provide  for  conferring  diplomas  of  graduation  on 


POLITICAL   CODE.  235 

those  who  have  satisfactorily  completed  the  course  of  study  provided  for 
the  schools  of  the  county. 

3.  The  County  Board  of  Education  may  amend  and  change,  subject 
to  section  sixteen  hundred  and  sixty-five,  either  of  the  above  courses  of 
study,  whenever  necessary. 

Note.— Changed  in  order  that  there  shall  he  uniformity  in  the  several  counties 
of  the  State  as  to  the  number  of  years  in  the  primary  grades. 

Section  1672.     To  be  amended  to  read  as  follows: 

Sec.  1672.  No  publication  of  a  sectarian,  partisan,  or  denominational 
character  must  be  used  or  distributed  in  any  school,  or  be  made  a  part 
of  any  school  library;  nor  must  any  sectarian  or  denominational  doc- 
trine be  taught  therein.  Any  school  district,  town,  or  city,  the  officers 
of  which  knowingly  allow  any  schools  to  be  taught  in  violation  of  these 
provisions,  forfeits  all  right  to  any  state  or  county  apportionment  of 
school  moneys;  and  upon  satisfactory  evidence  of  such  violation,  the 
County  Superintendent  of  Schools  or  the  Superintendent  of  Public 
Instruction  must  withhold  both  state  and  county  apportionments. 

Note.— Changed  because  the  County  Superintendent  of  Schools  is  the  officer  who 
apportions  the  school  moneys  to  districts.  San  Francisco  is  the  only  city,  or  city 
and  county,  that  could  be  reached  by  the  Superintendent  of  Public  Instruction  in 
case  of  violation  of  this  provision. 

Section  1674.     A  new  section  to  be  added  to  read  as  follows: 

Sec.  1674.     In  schools  of  more  than  one  teacher,  the  Board  of  School 

Trustees,  or  City  Board  of  Education,  must  designate  one  of  the  teachers 

as  the  principal  of  the  school,  who  shall  have  general  supervision  of  the 

entire  school. 

Note.— This  is  a  new  section  and  aims  to  fix  authority  and  responsibility.  Its 
enactment  into  law  will  settle  many  differences,  and  will  strengthen  many  schools. 
It  is  a  good  measure. 

ARTICLE  XII. 

TEACHERS. 

Section  1696.  To  be  amended  to  read  as  follows: 
Sec.  1696.  Every  teacher  in  the  public  schools  must: 
First — Before  assuming  charge  of  a  school,  file  his  or  her  certificate 
with  the  County  Superintendent  of  Schools;  provided,  that  when  any 
teacher  so  employed  is  the  holder  of  a  California  state  normal  school 
diploma,  accompanied  by  the  certificate  of  the  State  Board  of  Education, 
as  provided  in  subdivision  third  of  section  fifteen  hundred  and  three  of 
the  Political  Code,  an  educational  or  a  life  diploma  of  California,  upon 
presentation  thereof  to  the  Superintendent,  he  shall  record  the  name  of 
said  holder  in  a  book  provided  for  that  purpose  in  his  office,  and  the 


236  PROPOSED   AMENDMENTS   TO   THE 

holder  of  said  diploma  shall  thereupon  be  absolved  from  the  provisions 
of  this  subdivision. 

Second — Before  taking  charge  of  a  school,  and  one  week  before  clos- 
ing a  term  of  school,  notify  the  County  Superintendent  of  Schools  of 
such  fact,  naming  the  day  of  opening  or  closing.  Boards  of  Education, 
and  Boards  of  School  Trustees,  must  in  every  case  give  to  the  teacher  a 
notice  of  at  least  two  weeks  of  their  intention  to  close  the  term  of 
school  under  their  charge.  No  County  Superintendent  of  Schools  shall 
draw  any  requisition  for  the  last  month's  salary  of  any  teacher  until 
said  teacher  has  filed  with  him  the  notice  required  by  this  subdivision. 

Third — Enforce  the  course  of  study,  the  use  of  the  legally  authorized 
text-books,  and  the  rules  and  regulations  prescribed  for  schools. 

Fourth — Hold  pupils  to  a  strict  account  for  their  conduct  on  the  way 
to  or  from  school,  on  the  playgrounds,  or  during  recess;  suspend  for 
good  cause  any  pupil  from  the  school,  and  report  such  suspension  to  the 
Board  of  School  Trustees  or  City  Board  of  Education  for  review.  If 
such  action  is  not  sustained  by  them,  the  teacher  may  appeal  to  the 
County  Superintendent,  whose  decision  shall  be  final. 

Fifth — Keep  a  state  school  register,  in  which  shall  be  left,  at  the  close 
of  the  term,  a  report  showing  program  of  recitations,  classification,  and 
grading  of  all  pupils  who  have  attended  school  at  any  time  during  the 
school  year.  The  County  Superintendent  of  Schools  shall  in  no  case 
draw  a  requisition  in  favor  of  the  teacher  until  the  teacher  has  filed 
with  him  a  certificate  from  the  clerk  of  the  Board  of  School  Trustees  to 
the  effect  that  the  provisions  of  this  subdivision  have  been  complied 
with. 

Sixth — Make  an  annual  report  to  the  County  Superintendent  of 
Schools,  at  the  time  and  in  the  manner  and  on  the  blanks  prescribed  by 
the  Superintendent  of  Public  Instruction.  Any  teacher  who  shall  end 
any  school  term  before  the  close  of  the  school  year,  shall  make  a  report 
to  the  County  Superintendent  of  Schools  immediately  after  the  close  of 
such  term;  and  any  teacher  who  maybe  teaching  any  school  at  the  end 
of  the  school  year,  shall,  in  his  or  her  annual  report,  include  all  statistics 
for  the  entire  school  year,  notwithstanding  any  previous  report  for  a 
part  of  the  year.  The  County  Superintendent  of  Schools  shall  in  no 
case  draw  a  requisition  for  the  salary  of  any  teacher  for  the  last  month 
of  the  school  term,  until  the  report  required  by  this  subdivision  has 
been  filed,  and  by  him  approved. 

Seventh — Make  such  other  reports  as  may  be  required  by  the  Super- 
intendent of  Public  Instruction,  County  Superintendent  of  Schools, 
Board  of  School  Trustees,  or  City  Board  of  Education. 

Eighth — Issue  to  pupils  on  removing  from  the  district  transfers,  signed 


POLITICAL   CODE.  237 

by  the  teacher,  showing  the  grade  of  such  pupil,  and  his  standing  in 
studies. 

Note.— Changes  in  subdivisions  first  to  seventh,  inclusive,  to  improve  the 
expression.  Subdivision  eighth  is  a  new  subdivision.  Its  aim  is  to  save  the  time 
of  the  pupil  by  having  him  furnished  with  a  certificate  of  standing  upon  his 
removal  from  a  school  district. 

Section  1697.     To  be  amended  to  read  as  follows: 

Sec.  1697.     A  school  month  is  construed  and  taken  to  be  twenty  school 

days,  or  four  weeks  of  five  school  days  each,  including  legal  holidays. 

Note.— Changed  in  order  to  settle  the  question  of  legal  holidays  occurring 
during  a  school  month. 

Section  1698.     To  be  amended  to  read  as  follows: 

Sec.  1698.  In  case  of  the  dismissal  of  any  teacher  before  the  expira- 
tion of  any  oral  or  written  contract  entered  into  between  such  teacher 
and  a  Board  of  Trustees,  for  alleged  unfitness  or  incompetence,  or  viola- 
tion of  rules,  the  teacher  may  appeal  to  the  County  Superintendent  of 
Schools,  and  if  said  Superintendent  decides  that  the  removal  was  made 
without  good  cause,  the  teacher  so  removed  must  be  reinstated,  and 
shall  be  entitled  to  compensation  for  the  time  lost  during  the  pending 
of  the  appeal. 

Note. — Changed  to  improve  the  expression. 

Section  1699.     To  be  amended  to  read  as  follows: 

Sec.  1699.  First — Any  teacher  whose  salary  is  withheld  may  appeal 
to  the  Superintendent  of  Public  Instruction,  who  shall  thereupon  require 
the  County  Superintendent  of  Schools  to  investigate  the  matter,  and 
present  the  facts  thereof  to  him.  The  judgment  of  the  Superintendent 
of  Public  Instruction  shall  be  final;  and  upon  receiving  it,  the  County 
Superintendent  of  Schools,  if  the  judgment  is  in  favor  of  the  teacher, 
shall,  in  case  the  trustees  refuse  to  issue  an  order  for  said  withheld 
salary,  issue  his  requisition  in  favor  of  said  teacher. 

Second — Should  any  teacher  employed  by  a  Board  of  School  Trustees 
for  a  specified  time  leave  the  school  before  the  expiration  of  such  time, 
without  the  consent  of  the  trustees  in  writing,  said  teacher  shall  be 
deemed  guilty  of  unprofessional  conduct,  and  the  Board  of  Education  of 
the  county  is  authorized,  upon  receiving  notice  of  such  fact,  to  sus- 
pend the  certificate  of  such  teacher  for  the  period  of  one  year.  Should 
said  teacher  be  the  holder  of  an  educational  or  a  life  diploma,  the 
County  Superintendent  of  Schools  shall  report  the  delinquency  of  the 
teacher  to  the  State  Board  of  Education,  who  are  thereupon  authorized 
to  suspend  said  diploma  for  the  period  of  one  year. 
Note.— Changed  to  improve  the  expression. 


238  PROPOSED   AMENDMENTS   TO   THE 

Section  1701.     To  be  amended  to  read  as  follows: 

Sec.  1701.  No  requisition  for  a  warrant  shall  be  drawn  in  favor  of 
any  teacher,  unless  such  teacher  is  the  holder  of  a  proper  certificate  in 
force  for  the  full  time  for  which  the  requisition  is  drawn,  nor  unless  he 
was  employed  by  the  Board  of  Trustees,  or  the  City  Board  of  Educa- 
tion, or  by  the  County  Superintendent  of  Schools,  as  provided  in 
section  ten  hundred  and  forty-five. 

Note.— Changed  to  improve  the  expression. 

ARTICLE  XIII. 
DISTRICT    LIBRARIES. 

Section  1712.     To  be  amended  to  read  as  follows: 

Sec.  1712.  First— The  Board  of  School  Trustees,  and  the  City  Board 
of  Education  in  any  city,  must  expend  the  library  fund,  together  with 
such  moneys  as  may  be  added  thereto  by  donation,  in  the  purchase  of 
school  apparatus  and  books  for  a  school  library,  including  books  for 
supplementary  work;  and  no  warrant  shall  be  drawn  by  the  County 
Superintendent  of  Schools  upon  the  order  of  any  Board  of  Trustees 
against  the  library  fund  of  any  district,  unless  such  order  is  accompanied 
by  an  itemized  bill,  showing  the  books  and  apparatus,  and  the  price  of 
each,  in  payment  of  which  the  order  is  drawn,  and  unless  such  books 
and  apparatus  have  been  adopted  by  the  County,  or  City,  or  City  and 
County  Board  of  Education,  all  orders  of  the  Boards  of  Trustees  and 
Boards  of  Education  for  books  or  apparatus  must  in  every  case  be  sub- 
mitted to  the  Superintendent  of  Schools  of  the  county,  or  city,  or  city 
and  county  respectively,  for  his  approval,  before  said  books  or  apparatus 
shall  be  purchased. 

Second — The  trustees  of  each  district  shall  cause  each  book  now  in 
their  district  school  library,  or  that  may  hereafter  be  placed  in  said 
library,  to  be  stamped  on  the  fly-leaf,  on  the  title-page,  and  on  each 
one  hundredth  page  of  the  book,  with  the  words,  "  Department  of  Public 

Instruction,  State  of  California, County, District  Library,". 

and  the  County  Superintendent  of  Schools  is  hereby  authorized  and 
instructed  to  procure  such  stamp  for  each  district  in  his  county,  and  to 
pay  for  the  same  out  of  the  county  school  fund  of  such  district. 
Note.— Changed  to  improve  the  expression. 

Section  1713.     To  be  amended  to  read  as  follows: 

Sec.  1713.  The  library  fund  shall  consist  of  not  less  than  three,  nor 
more  than  ten,  per  cent  of  the  county  school  fund  (the  rate  to  be  deter- 
mined by  the  County  Superintendent  of  Schools)  annually  apportioned 
to  the  districts;  provided,  that  in  cities  or  school  districts  having  five 


POLITICAL    CODE.  239 

hundred  or  more  census  children,  there  shall  be  apportioned  a  sum  not 
to  exceed  seventy-five  dollars  for  every  one  thousand  census  children  or 
fraction  thereof  of  five  hundred  or  more. 

Note.— Changed  the  word  "five  "  to  "  three,"  because  in  many  districts  three  per 
cent  is  enough  for  library  purposes.  Changed  the  conditions  in  large  districts  and 
in  cities,  because  such  districts  and  cities  do  not  need  more  than  seventy-five 
dollars  for  library  purposes  for  every  one  thousand  census  children  or  fraction 
thereof  not  less  than  five  hundred. 

Section  1714  is  stricken  out,  as  Section  1713  as  recommended  covers 
the  entire  subject. 

ARTICLE  XVIII. 
COUNTY    SCHOOL    TAX. 

Section  1817.     To  be  amended  to  read  as  follows: 

Sec.  1817.  The  County  Superintendent  of  Schools  of  each  county 
having  a  population  of  less  than  two  hundred  thousand  inhabitants, 
must,  on  or  before  the  first  regular  meeting  of  the  Board  of  Supervisors, 
in  September  in  each  year,  furnish  the  Supervisors  and  Auditor, 
respectively,  an  estimate,  in  writing,  of  the  minimum  amount  of  county 
school  fund  needed  for  the  ensuing  year.  This  amount  he  must  com- 
pute as  follows: 

First — He  must  ascertain,  in  the  manner  provided  for  in  subdivisions 
one  and  two  of  section  eighteen  hundred  and  fifty-eight,  the  total  num- 
ber of  teachers  for  the  county. 

Second — He  must  calculate  the  amount  required  to  be  raised  at  five 
hundred  dollars  per  teacher.  From  this  amount  he  must  deduct  the 
total  amount  of  state  apportionment,  and  the  remainder  shall  be  the 
minimum  amount  of  county  school  fund  needed  for  the  ensuing  year; 
provided,  that  if  this  amount  is  less  than  sufficient  to  raise  a  sum  equal 
to  six  dollars  for  each  census  child  in  the  county,  then  the  minimum 
amount  shall  be  such  a  sum  as  will  be  equal  to  six  dollars  for  each 
census  child  in  the  county. 

Note.— Changed  to  improve  the  expression. 

Section  1818.     To  be  amended  to  read  as  follows: 

Sec.  1818.  The  Board  of  Supervisors  of  each  county  having  less  than 
one  hundred  thousand  inhabitants  must,  annually,  at  the  time  of  levy- 
ing other  county  taxes,  levy  a  tax  to  be  known  as  the  county  school 
tax,  the  maximum  rate  of  which  must  not  exceed  fifty  cents  on  each 
one  hundred  dollars  of  taxable  property  in  the  county,  nor  the  mini- 
mum rate  be  less  than  sufficient  to  raise  a  minimum  amount  reported 
by  the  County  Superintendent  of  Schools  in  accordance  with  the  pro- 
visions of  the  preceding  section.     The  Supervisors  must  determine  the 


240    -  PROPOSED   AMENDMENTS   TO   THE 

minimum  rate  of  the  county  school  tax,  as  follows:  They  must  deduct 
fifteen  per  cent  from  the  equalized  value  of  the  last  general  assessment 
roll,  and  the  amount  required  to  be  raised,  divided  by  the  remainder  of 
the  assessment  roll,  is  the  rate  to  be  levied;  but  if  any  fraction  of  a 
cent  occur,  it  must  be  taken  as  a  full  cent  on  each  one  hundred  dollars. 
Note—  Changed  to  improve  the  expression. 

ARTICLE  XX. 
GENERAL   PROVISIONS   RELATIVE    TO    SCHOOL   FUNDS   AND    TAXES. 

Section  1858.     To  be  amended  to  read  as  follows: 

Sec.  1858.  All  state  school  moneys  apportioned  by  the  Superintend- 
ent of  Public  Instruction  must  be  apportioned  to  the  several  counties 
in  proportion  to  the  number  of  school  census  children,  as  shown  by  the 
returns  of  the  school  census  marshals  of  the  preceding  school  year; 
provided,  that  Indian  children  whose  parents  are  on  government  reser- 
vations, or  are  living  in  the  tribal  relation,  and  Mongolian  children  not 
native  born,  shall  not  be  included  in  the  apportionment  list.  The 
County  Superintendent  of  Schools  in  each  county  must  apportion  all 
state  and  county  school  moneys,  as  follows: 

First — He  must  ascertain  the  number  of  teachers  each  district  is- 
entitled  to  by  calculating  one  teacher  for  every  seventy  school  census 
children,  or  fraction  thereof,  not  less  than  twenty  school  census  chil- 
dren, as  shown  by  the  next  preceding  school  census;  provided,  that  all 
children  in  any  asylum  and  not  attending  the  public  schools,  of  whom 
the  authorities  of  said  asylum  are  the  guardians,  shall  not  be  included 
in  making  the  estimate  of  the  number  of  teachers  to  which  the  district 
in  which  the  asylum  is  located  is  entitled. 

Second — He  must  ascertain  the  total  number  of  teachers  for  the 
county,  by  adding  together  the  number  of  teachers  assigned  to  the 
several  districts. 

Third — Five  hundred  dollars  shall  be  apportioned  to  each  district  for 
every  teacher  assigned  to  it;  provided,  that  to  districts  having  ten,  and 
less  than  twenty,  school  census  children,  shall  be  apportioned  four 
hundred  dollars;  provided  further,  that  to  districts  having  over  seventy 
school  census  children  and  a  fraction  of  less  than  twenty,  there  shall 
be  apportioned  twenty  dollars  for  each  census  child  in  said  fraction. 

Fourth — All  school  money  remaining  on  hand  after  apportioning  to 
the  districts  the  moneys  provided  for  in  subdivision  three  of  this  sec- 
tion, must  be  apportioned  to  the  several  districts  in  proportion  to  the 
average  daily  attendance  in  each  district  during  the  preceding  school 
year.  Census  children,  wherever  mentioned  in  this  chapter,  shall  be 
construed  to  mean  those  between  the  ages  of  five  and  seventeen  years. 


POLITICAL    CODE.  241 

Fifth — Whenever  in  any  school  year,  prior  to  the  receipt  by  the 
counties,  cities,  or  cities  and  counties  of  this  State,  of  their  state, 
county,  or  city  school  fund,  the  school  districts  or  cities  shall  not  have 
sufficient  money  to  their  credit  to  pay  the  lawful  demands  against  them, 
the  County,  City,  or  City  and  County  Superintendent  of  Schools  shall 
give  the  Treasurer  of  said  county,  city,  or  city  and  county,  an  estimate 
of  the  amount  of  school  money  that  will  next  be  paid  into  the  county, 
city,  or  city  and  county  treasury,  stating  the  amount  to  be  apportioned 
to  each  district.  Upon  the  receipt  of  such  estimate  it  shall' be  the  duty 
of  the  Treasurer  of  said  county,  city,  or  city  and  county,  to  transfer  from 
any  fund  not  immediately  needed  to  pay  claims  against  it,  to  the  proper 
school  fund,  ah  amount  not  to  exceed  ninety  per  cent  of  the  amount 
estimated  by  the  Superintendent,  and  he  shall  immediately  notify  the 
Superintendent  of  the  amount  so  transferred.  The  funds  so  transferred 
to  the  school  fund  shall  be  re-transferred  by  the  Treasurer  to  the  fund 
from  which  they  were  taken,  from  the  first  money  paid  into  the  school 
fund  after  the  transfer. 

Note.— Changed  to  improve  the  expression. 


ARTICLE  XXI.  *       . 

MISCELLANEOUS    PROVISIONS   RELATING   TO   PUBLIC    SCHOOLS. 

Section  18(?9.     To  be  amended  to  read  as  follows: 

Sec.  1869.  Any  State,  County,  or  City  and  County  Superintendent 
of  Schools,  any  State,  County,  or  City  and  County  Board  of  Education, 
who  shall  issue  a  certificate  or  diploma,  except  as  provided  for  in  this 
title,  shall  be  guilty  of  a  misdemeanor. 

Note.— Changed  to  improve  the  expression. 

Section  1874.     To  be  amended  to  read  as  follows: 

Sec.  1874.  In  the  adoption  of  text-books,  all  County,  City,  and  City 
and  County  Boards  of  Education  shall  be  governed  by  the  following 
rules : 

First — Any  books  hereafter  adopted  as  a  part  of  a  uniform  series  of 
text-books  must  be  continued  in  use  for  not  less  than  four  years. 

Second — No  change  of  text-books  must  be  made  at  any  other  time 
than  in  the  months  of  April,  May,  or  June  of  the  year  in  which  the 
change  is  made,  and  no  changes  shall  be  made  to  take  effect  till  the 
beginning  of  the  school  term  commencing  after  the  thirtieth  day  of 
June  of  that  year;  and  no  books,  other  than  those  published  by  the 
State,  shall  be  adopted  by  the  Board  of  Education  of  any  county,  city, 
city  and  county,  or  be  used  as  text-books  in  any  of  the  public  schools 
of  this  State,  in  the  subjects  of  reading,  orthography,  English  grammar, 
16— c 


242  PROPOSED    AMENDMENTS   TO    THE 

arithmetic,  geography,  United  States  history,  physiology,  and  civil 
government. 

Third — At  least  sixty  days'  notice  of  any  proposed  change  in  text- 
books must  be  given  by  publication  in  a  newspaper  of  general  circula- 
tion, published  in  the  county,  if  there  be  one,  in  which  such  change  is 
to  be  made.  If  there  be  no  newspaper  published  in  the  county,  then 
such  publication  shall  be  made  in  any  newspaper  having  a  general  cir- 
culation in  the  county.  A  copy  of  the  newspaper  containing  such  pub- 
lication, with  such  notice  marked,  must,  immediately  after  the  first 
publication  thereof,  be  by  the  secretary  of  the  board  transmitted  to  the 
State  Board  of  Education,  and  the  same,  when  received,  must  be  filed 
by  the  secretary  of  said  state  board.  Said  notice  shall  state  what  text- 
books it  is  proposed  to  change;  that  sealed  bids  or  proposals  will  be 
received  by  the  board  for  furnishing  books  to  replace  them;  the  place 
where  and  the  day  and  hour  when  all  bids  or  proposals  will  be  opened, 
and  that  the  board  reserves  the  right  to  reject  any  and  all  bids  or  pro- 
posals. Said  notice  shall  be  published  in  such  newspaper  as  often  as 
the  same  shall  be  issued  after  the  first  publication  thereof. 

Fourth — At  the  time  and  place  specified  in  said  notice,  the  Board 
shall  meet  and  publicly  open  and  read  all  of  the  bids  or  proposals 
which  have  been  received  by  them,  and  shall  make  their  awards  thereon 
within  ten  days  thereafter. 

Fifth — Said  bids  or  proposals  must  be  accompanied  by  sample  copies 
of  the  books  proposed  to  be  furnished,  together  with  a  statement  of  the 
wholesale  and  retail  price  at  which  the  publisher  agrees  to  furnish  each 
book  within  the  county,  or  at  San  Francisco,  during  the  full  time  for 
which  said  books  are  to  be  adopted. 

Sixth — If  no  satisfactory  bids  or  proposals  are  received,  then  the 
books  already  in  use  may  continue  in  use  until  changed,  as  herein  pro- 
vided. 

Seventh — The  publisher  or  publishers  whose  proposals  shall  be 
accepted,  must  enter  into  a  written  contract  with  the  Board  of  Educa- 
tion making  the  award,  and  shall  give  a  good  and  sufficient  bond  in  a 
reasonable  sum,  to  be  fixed  by  the  Board  of  Education,  for  the  faithful 
performance  thereof.  Publishers  of  books  already  in  use  may  bid  under 
the  provisions  of  this  section  as  well  as  others,  and  such  bids,  if  satis- 
factory, may  be  accepted  by  the  board. 

Eighth — High  schools  shall  be  exempt  from  the  provisions  of  this 
section. 

Ninth — Nothing  in  this  section  shall  conflict  with  any  provision  of 
law  relating  to  the  state  series  of  text-books;  nor  shall  anything  be 
construed  to  permit  the  adoption  of  any  text-books  upon  any  subject 
covered  by  the  state  series  of  books. 

Note.— The  word  "April "  is  introduced  in  order  to  give  a  longer  time  during 
which  a  change  in  books  may  be  made. 


POLITICAL    CODE.  243 

Section  1875.     To  be  amended  to  read  as  follows: 

Sec.  1875.  If  any  city  or  district  refuse  or  neglect  to  use  the  books 
that  may  be  prescribed,  or  use  any  other  text-books  in  any  of  the  pre- 
scribed studies,  the  County  Superintendent  of  Schools  must  withhold 
from  such  city,  town,  or  district,  twenty-five  per  cent  of  all  state  school 
moneys  to  which  it  may  be  entitled,  until  it  comply;  and  any  moneys 
so  withheld  must  be  apportioned  by  the  Superintendent  at  the  next 
apportionment  of  state  school  money,  in  the  same  manner  as  other 
school  moneys  in  the  treasury. 

Note. — The  expression  "  Superintendent  of  Public  Instruction  "  is  changed  to 
"County  Superintendent  of  Schools,"  because  it  is  the  County  Superintendent  of 
Schools  who  apportions  school  moneys  to  school  districts — San  Francisco  is  the 
only  exception  in  the  State.  The  Superintendent  of  Public  Instruction  apportions 
state  school  money  to  the  County  of  San  Francisco  as  to  other  counties.  There  is 
no  apportionment  by  the  school  officers  of  San  Francisco  County. 

TITLE  IV. 

NATIONAL   GUARD. 

CHAPTER    I. 

ENROLLED    MILITIA. 

Section  1895.     To  be  amended  to  read  as  follows: 

Sec.  1895.  Every  able-bodied  male  citizen  of  this  State,  except  Mon- 
golians and  Indians,  between  the  ages  of  eighteen  and  forty-five  years, 
not  exempt  by  law,  is  subject  to  military  duty.  But  no  alien  is  obliged 
to  serve  or  bear  arms  against  the  State  to  which  his  allegiance  is  due. 

Section  1897.     To  be  amended  to  read  as  follows: 

Sec.  1897.  The  County  Assessor  of  each  county  in  this  State  must, 
at  the  same  time  in  each  year  when  he  prepares  a  roll  containing  the 
taxable  inhabitants  of  his  district  or  county,  enroll  all  the  inhabitants 
thereof  subject  to  military  duty,  which  roll  must  be  sworn  to  by  him, 
and  delivered  to  the  clerk  of  the  Board  of  Supervisors  at  the  same  time 
he  delivers  the  assessment  roll.  In  the  City  and  County  of  San  Fran- 
cisco the  Tax  Collector  must  perform  the  duties  by  this  section  imposed 
upon  Assessors. 

Section  1898.     To  be  amended  to  read  as  follows: 

Sec.  1898.  If  any  Assessor,  or  the  Tax  Collector  of  the  City  and 
County  of  San  Francisco,  neglects  or  refuses  to  perform  any  of  the 
duties  required  of  him  by  this  chapter,  he  is  subject  to  the  same  liabil- 
ities as  are  provided  by  law  for  a  neglect  or  refusal  to  perform  any  of 


244  PROPOSED    AMENDMENTS   TO   THE 

the  duties  required  of  him  in  the  assessment  of  taxes,  and,  in  addition, 
forfeits  not  less  than  three  hundred,  nor  more  than  one  thousand,  dol- 
lars, to  be  sued  for  in  the  name  of  the  people  of  the  State,  by  the  District 
Attorney  of  the  respective  counties,  and  when  recovered  to  be  paid  into 
the  military  fund  of  the  State.  If  the  clerk  of  the  Board  of  Equaliza- 
tion neglects  or  refuses  to  make  and  deliver  to  the  brigadier-general  of 
the  brigade  to  which  his  county  belongs  the  duplicate  of  the  military 
assessment  roll,  as  directed  in  this  chapter,  he  forfeits  not  less  than 
three  hundred,  nor  more  than  five  hundred,  dollars,  to  be  sued  for, 
recovered,  and  disposed  of  in  the  same  manner. 

Section  1900.     To  be  amended  to  read  as  follows: 

Sec.  1900.  The  clerk  of  the  Board  of  Supervisors  must  deliver  to  the 
brigadier-general  of  the  brigade  to  which  his  county  belongs  a  dupli- 
cate of  such  roll,  certified  by  him,  within  ten  days  after  the  Board  of 
Equalization  have  completed  their  corrections. 

CHAPTER   II. 

ARTICLE  I. 

general  provisions  relating  to  the  national  guard. 

Section  1912.     To  be  amended  to  read  as  follows: 

Sec.  1912.  The  organized  uniformed  militia  of  the  State  of  Califor- 
nia are  known  as  the  National  Guard  of  California.  This  force  shall 
not  exceed  sixty-nine  companies,  of  which  sixty  companies  shall  be 
cavalry,  artillery,  or  infantry,  as  the  board  of  location  may  direct,  and 
five  divisions  of  the  naval  battalion,  and  the  other  four  companies 
shall  be  distributed  to  such  arms  of  the  service  as  the  board  of  location 
may  direct.  The  National  Guard  must  be  located  throughout  the  State 
with  reference  to  the  military  wants  thereof,  means  of  concentration, 
and  other  military  requirements.  The  word  "  division,"  as  used  in  this 
title  in  connection  with  the  naval  battalion,  shall  have  the  same  mean- 
ing and  effect  as  "  company"  when  used  in  connection  with  the  infantry. 

Section  1918.     To  be  amended  to  read  as  follows: 

Sec.  1918.  The  commander-in-chief,  by  and  with  the  advice  and 
consent  of  the  Senate,  must  appoint  one  major-general,  and  for  each 
brigade  of  the  National  Guard  of  California,  one  brigadier-general,  who 
must  be  citizens  of  the  United  States  and  of  the  State,  and  have  served 
at  least  four  years  as  officers  in  the  National  Guard  of  California;  and 
the  brigadier-generals  must  be  residents  of  the  localities  within  the 
brigades  for  which  they  are  appointed.  They  take  rank  according  to 
the  date  assigned  them  in  their  commissions,  and  hold  their  office 
until  their  successors  are  appointed  and  qualified. 


POLITICAL   CODE.  245 

Section  1919.     To  be  amended  to  read  as  follows: 

Sec.  1919.     All  staff  officers  shall  be  citizens  of  the  State  of  California. 

Section  1924.     To  be  amended  to  read  as  follows: 

Sec.  1924.  All  commissioned  officers  of  regiments,  battalions,  troops, 
batteries,  and  companies  of  the  National  Guard  must  take  rank  accord- 
ing to  the  date  assigned  them  by  their  commissions;  and  when  two  of 
the  same  grade  are  of  the  same  date  their  rank  must  be  determined  by 
length  of  previous  military  service  in  the  State;  and  if  of  equal  service, 
then  by  lot.  Officers  of  regiments,  battalions,  troops,  batteries,  and 
companies  of  the  National  Guard,  in  all  cases,  are  of  superior  rank  to 
officers  of  the  enrolled  militia  of  the  same  grade,  irrespective  of  the 
date  of  their  commissions. 

Section  1936.     To  be  amended  to  read  as  follows: 

Sec.  1936.  All  officers,  musicians,  and  privates  of  the  National 
Guard  who  comply  with  all  military  duties,  as  provided  in  this  chapter, 
are  entitled  to  the  following  privileges  and  exemptions,  viz.:  exemption 
from  road  tax,  and  head  tax  of  every  description  except  the  poll  tax  pro- 
vided for  in  article  thirteen,  section  twelve,  of  the  Constitution,  exemption 
from  jury  duty,  and  service  on  any  posse  comitatus.  All  officers,  non-com- 
missioned officers,  musicians,  and  privates,  who  have  faithfully  served  in 
the  military  service  of  this  State  for  the  space  of  seven  consecutive  years, 
and  received  the  certificate  of  the  adjutant- general  certifying  the  same, 
are  thereafter  exempted  from  further  military  and  jury  duty,  except  in 
time  of  war.  And  the  adjutant-general  must  issue  such  certificate  of 
exemption  when  it  appears  that  the  party  applying  is  entitled  to  the 
same. 

Note.— Amended  to  conform  to  the  requirements  of  the  Constitution,  Article 
XIII,  Section  12. 

Section  1945.     To  be  amended  to  read  as  follows: 

Sec.  1945.  The  State  shall  provide  a  bronze  service  medal,  with  a 
bronze  bar  attached  thereto,  for  ten  years'  active  service;  for  fifteen 
years'  active  service,  a  silver  bar  shall  be  attached;  and  for  twenty 
years'  active  service,  a  gold  bar  shall  be  attached  to  the  same  medal. 
There  shall  be  no  other  or  different  medals  for  service.  Such  medals 
shall  be  prepared  and  issued  by  the  adjutant-general,  upon  application 
of  the  party  entitled  thereto,  and  upon  proof  of  such  service  from  the 
records  of  the  National  Guard. 

Note.— The  amendment  consists  in  adding  the  last  sentence,  taken  from  Section 
2101,  which  can  now  be  repealed. 


246  PROPOSED   AMENDMENTS    TO   THE 

ARTICLE  Jl. 
COMPANIES    AND    THE   DISTRIBUTION    OF   ARMS. 

Section  1955.     To  be  amended  to  read  as  follows: 

Sec.  1955.  1.  If  such  company  has  been  organized  and  the  officers 
elected  in  accordance  with  the  provisions  of  law,  orders,  and  regulations, 
the  company  must  be  listed  in  the  office  of  the  adjutant-general  as  a 
company  of  the  National  Guard,  and  the  officers  elected,  if  commis- 
sioned, hold  office  for  the  term  of  four  years;  provided,  that  in  case  of 
a  vacancy  occurring  in  any  office  during  the  term  thereof  the  officer 
elected  to  fill  such  vacancy  shall  hold  for  the  unexpired  term; 

2.  All  commissioned  officers  of  the  National  Guard  shall  be  commis- 
sioned by  the  Governor,  but  he  may  refuse  to  issue  a  commission  to  any 
officer  elected  or  appointed,  if,  in  his  opinion,  the  person  elected  or 
appointed  is  in  any  way  unqualified  or  unworthy  to  be  an  officer  in  the 
National  Guard; 

3.  The  Secretary  of  State  shall  make  no  charge  for  issuing  a  military 
commission. 

Note. — The  amendments  consist  in  adding  subdivision  three,  the  same  being 
Section  26  of  the  Act  of  April  15,  1880.  (See  amendments  to  Codes,  1880,  page  57.) 
Also,  increasing  the  terms  of  office,  and  providing  for  filling  vacancies. 

Section  1962.     To  be  amended  to  read  as  follows: 
Sec.  1962.     The   companies,   troops,  and   batteries   of  the   National 
Guard  shall  be  composed  of  officers  and  men  as  follows: 

1.  Each  company  of  infantry  shall  have  not  less  than  fifty,  nor  more 
than  one  hundred  and  three,  officers,  non-commissioned  officers,  and 
privates,  which  must  include  one  commissioned  officer,  and  may  include 
one  captain,  one  first  lieutenant,  one  second  lieutenant,  one  first  ser- 
geant, one  quartermaster-sergeant,  four  sergeants,  eight  corporals,  and 
two  musicians; 

2.  Each  troop  of  cavalry  shall  have  not  less  than  fifty,  nor  more  than 
one  hundred  and  three,  officers,  non-commissioned  officers,  and  privates, 
which  must  include  one  commissioned  officer,  and  may  include  one 
captain,  two  first  lieutenants,  one  second  lieutenant,  one  first  sergeant, 
one  quartermaster-sergeant,  four  sergeants,  eight  corporals,  two  trum- 
peters, two  farriers,  and  one  saddler; 

3.  Each  foot  battery  shall  have  not  less  than  fifty,  nor  more  than  one 
hundred  and  three,  officers,  non-commissioned  officers,  and  privates, 
which  must  include  one  commissioned  officer,  and  may  include  one 
captain,  one  first  lieutenant,  one  second  lieutenant,  one  first  sergeant, 
one  quartermaster-sergeant,  four  sergeants,  eight  corporals,  and  two 
trumpeters; 


POLITICAL   CODE.  247 

4.  Each  field  battery  shall  have  not  less  than  sixty-one,  nor  more  than 
one  hundred  and  forty-nine,  officers,  non-commissioned  officers,  and 
privates,  which  must  include  one  commissioned  officer,  and  may  include 
one  captain,  two  first  lieutenants,  one  second  lieutenant,  one  first  ser- 
geant, one  quartermaster-sergeant,  six  sergeants,  eight  corporals,  two 
trumpeters,  two  farriers,  and  one  saddler; 

5.  The  line  officers  of  the  naval  battalion  shall  be  a  commander  and 
a  lieutenant-commander,  and  each  division  shall  consist  of  one  lieuten- 
ant, one  lieutenant  junior  grade,  two  ensigns,  and  not  less  than  sixty, 
nor  more  than  one  hundred,  petty  officers  and  men; 

6.  The  numerical  strength,  rank,  titles,  and  insignia  of  rank  of  the 
companies,  troops,  and  batteries,  and  their  officers  and  men,  of  the 
National  Guard,  shall  conform  to  the  laws,  rules,  and  regulations  of  the 
United  States  army  and  navy,  so  far  as  the  same  may  be  effectively 
applicable;  and  upon  changes  being  made  in  the  said  laws,  rules,  and 
regulations  of  the  United  States  army  and  navy,  the  commander-in- 
chief  of  the  National  Guard  shall  cause  the  same  changes  to  be  made  in 
the  National  Guard  to  correspond  thereto  so  far  as  they  may  be  effect- 
ively applicable  as  aforesaid ; 

7.  Each  company,  troop,  battery,  or  division  naval  militia,  may  have 
not  to  exceed  ten  honorary  members,  who  shall  pay  fifty  dollars- per 
annum  each  into  the  company,  troop,  battery,  or  naval  division  treasury, 
and  shall  thereupon  be  entitled  to  all  the  exemptions  to  which  men  on 
the  active  list  are  entitled,  and  shall  not  be  required  to  drill  or  perform 
any  military  duty  by  reason  of  such  membership; 

8.  The  staff  officers  of  the  naval  battalion  shall  consist  of  one  adjutant, 
one  ordnance  officer,  one  paymaster,  one  engineer  officer,  and  one  surgeon, 
each  with  the  rank  of  lieutenant  junior  grade;  also,  one  assistant  surgeon 
and  one  assistant  ordnance  officer,  each  with  the  rank  of  ensign.  All 
such  officers  shall  be  appointed  and  commissioned  as  staff  officers  upon 
the  staff  of  a  colonel  commanding  a  regiment  in  the  National  Guard  are 
appointed  and  commissioned; 

9.  The  organization  of  the  naval  militia  shall  conform  generally  to 
the  provision's  of  the  laws  of  the  United  States;  and  the  system  of  dis- 
cipline and  exercise  shall  conform,  as  nearly  as  may  be,  to  that  of  the 
navy  of  the  United  States  as  it  now  is,  or  may  hereafter  be,  prescribed 
by  Congress.  When  not  otherwise  provided  for,  the  government  of  the 
naval  militia  shall  be  controlled  by  the  provisions  of  the  Political  Code 
relating  to  the  National  Guard  of  California,  and  the  Governor  shall 
have  power  to  alter,  divide,  annex,  consolidate,  or  disband  the  same, 
whenever,  in  his  judgment,  the  efficiency  of  the  State  forces  will 
thereby  be  increased,  and  he  shall  have  power  to  make  such  rules  and 
regulations  as  may  be  deemed  proper  for  the  use,  government,  and 
instruction  of  the  naval  militia;  but  such  rules  and  regulations  shall 


248  PROPOSED   AMENDMENTS    TO   THE 

conform  as  nearly  as  practicable  to  those  governing  the  United  States 
navy; 

10.  The  duty  of  the  naval  militia  required  by  law,  or  any  part  of  it, 
may  be  performed  afloat  in  United  States  vessels.  Officers  and  men  of 
the  naval  militia  mustered  temporarily  into  the  service  of  the  United 
States  for  instruction  and  drill,  and  receiving  compensation  therefor 
from  the  United  States,  shall  not,  during  the  same  term,  be  entitled  to 
compensation  from  the  State; 

11.  The  Governor  is  authorized  to  apply  to  the  President  of  the  United 
States  for  the  detail  of  commissioned  and  petty  officers  of  the  navy,  to 
act  as  inspectors  and  instructors  in  the  art  of  naval  warfare; 

12.  The  naval  militia  battalion  and  divisions  shall  receive  the  same 
allowance  from  the  State  as  infantry  battalions  and  companies. 

Note. — Subdivision  5  changed  considerably;  6  and  7  but  slightly;  Subdivisions 
8,  9,  10,  11,  and  12,  being  the  essential  provisions  of  an  Act  of  the  Legislature 
approved  March  1,  1893.    (Stats.  1893,  page  62),  are  added. 

Section  1965.     To  be  amended  to  read  as  follows: 

Sec.  1965.  The  commanding  officer  of  each  troop,  battery,  company, 
naval  division,  or  signal  corps  must  give  such  bonds  and  security  as  may 
be  required  by  the  adjutant-general  to  secure  the  State  and  the  company 
from  loss  on  account  of  misuse  or  misapplication  of  any  State  property 
or  funds.  Said  bond  must  be  with  two  or  more  good  and  sufficient 
sureties  conditioned  upon  his  faithful  performance  of  all  duties,  and 
accounting  for  all  property  and  moneys,  both  State  and  company  funds, 
of  which  the  commander,  as  ex  officio  treasurer,  shall  be  the  custodian. 

Section  1966.     To  be  amended  to  read  as  follows: 

Sec.  1966.  Such  bonds  being  to  his  satisfaction,  and  on  receiving 
duplicate  receipts  from  such  officer,  the  adjutant-general  must  make 
the  issue. 

Section  1970.     To  be  amended  to  read  as  follows: 

Sec.  1970.  There  must  be  an  annual  inspection  and  muster  of  the 
National  Guard  between  January  first  and  June  thirtieth,  each  year, 
by  brigade,  regiment,  battalion,  or  company,  as  may  be  deemed 
advisable  by  the  commander-in-chief;  and  the  commanding  officer  of 
each  company  must  make  out  and  certify  the  necessary  muster  rolls, 
showing  the  names  and  number  of  the  members  of  the  company,  the 
officers  in  the  order  of  their  rank,  and  the  privates  in  alphabetical 
order,  and  also  a  list  of  the  ordnance,  ordnance  stores,  clothing,  and 
other  property  of  the  State,  in  the  possession  of  the  company.  He 
must  transmit,  through  the  proper  military  channels,  one  copy  of  the 
roll  and  list  attached  to  each  superior  headquarters. 


POLITICAL   CODE.  249 

Section  1974.     To  be  amended  to  read  as  follows: 

Sec.  1974.  1.  Every  elected  or  staff  officer  of  the  National  Guard 
[  must,  upon  his  appointment  or  reappointment,  election  or  reelection,  to 
any  office  in  the  National  Guard,  appear  before  an  examining  board 
for  examination  as  to  his  qualifications  for  the  office  to  which  he  has 
been  appointed  or  reappointed,  elected  or  reelected;  provided,  that  the 
provisions  of  this  section  do  not  apply  to  surgeons,  judges-advocate, 
chaplains,  or  the  staff  of  the  commander-in-chief; 

2.  Such  boards  shall  consist  of  three  officers  for  each  brigade,  three 
officers  for  the  naval  battalion,  and  three  officers  for  the  division  staff. 
All  of  such  boards  to  be  designated  by  the  commander-in-chief,  and  to 
be  removable  at  his  pleasure; 

3.  The  officer  duly  appointed  to  preside  at  any  election  shall,  imme- 
diately after  declaring  the  result  of  such  election,  notify  the  officer  or 
officers  elected  that  they  must  appear  before  the  examining  board  for 
examination,  when  notified  by  that  board; 

4.  If  the  officer  elected  or  reelected,  and  duly  notified,  does  not  appear 
before  the  said  examining  board  when  summoned  by  them,  he  snail  be 
deemed  to  have  declined  his  commission,  and  there  shall  be  another 
election  ordered.  The  filing  of  a  proper  certificate  of  said  board  with 
the  officer  ordering  the  election,  that  the  officer  has  failed  to  pass  an 
examination,  or  declined  to  appear  before  the  board  when  notified? 
shall  be  deemed  sufficient  for  ordering  a  new  election. 

Section  1976.     To  be  amended  to  read  as  follows: 

Sec.  1976.  Application  or  propositions  for  membership  in  any  troop, 
battery,  naval  division,  or  company  of  the  National  Guard  shall  be  made 
only  at  a  regular  weekly  meeting  or  assemblage  of  such  organization;  and 
the  names  of  such  applicants  shall  be  posted  in  a  conspicuous  place  in 
its  headquarters  or  armory,  until  the  next  succeeding  regular  weekly 
meeting  or  assemblage  of  such  organization,  at  which  time,  and  not 
before,  such  applicants  may  be  balloted  for. 

Section  1981.     To  be  amended  to  read  as  follows: 

Sec.  1981.  Each  brigadier-general  commanding  a  brigade,  with  the 
consent  of  the  commander-in-chief,  may  muster  in  and  attach  to  it  a 
hospital  and  ambulance  corps,  consisting  of  not  to  exceed  twelve  men 
for  each  regiment  in  his  brigade.  Such  corps  shall  have  such  commis- 
sioned and  non-commissioned  officers  as  the  commander-in-chief  shall 
prescribe,  and  shall  report  directly  to  the  brigade  commander,  who 
shall  appoint  such  non-commissioned  officers  as  may  be  prescribed. 
When  for  drill,  or  in  the  performance  of  duty,  any  expense  shall  be 
incurred  by  any  such  corps,  such  expense  shall  be  paid  by  the  State; 
provided,  that  the  same  shall  have  been  first  authorized  by  the  com- 


250  PROPOSED   AMENDMENTS    TO   THE 

manding  officer  of  the  brigade,  afterward  approved  by  such  commanding 
officer  and  superior  officers,  as  provided  by  law  in  the  case  of  other 
commands. 

ARTICLE  III. 

REGIMENTS   AND    BATTALIONS. 

Section  1982.     To  be  amended  to  read  as  follows: 

Sec.  1982.  A  regiment  of  the  National  Guard  consists  of  not  less 
than  eight,  nor  more  than  twelve,  companies.  Each  regiment  shall  be 
divided  into  battalions. 

Section  1984.     To  be  amended  to  read  as  follows: 

Sec.  1984.  The  field  officers  of  a  regiment  are  one  colonel,  one  lieu- 
tenant-colonel, and  one  major  for  each  battalion.  The  field  officer  of 
a  battalion  is  one  major.  No  person  shall  be  eligible  for  election  as  a 
field   officer   unless   he   shall   have  served   at   least  two  years  in  the 

National  Guard  of  this  State. 

i 

Section  1990.     To  be  amended  to  read  as  follows: 

Sec.  1990.  The  staff  of  a  colonel  commanding  a  regiment  consists  of 
one  surgeon,  with  rank  of  major;  one  adjutant,  with  rank  of  captain; 
one  assistant  surgeon  for  each  battalion,  with  rank  of  captain;  one 
chaplain,  with  rank  of  captain;  one  battalion  adjutant  for  each  battalion, 
one  quartermaster  (who  shall  also  act  as  paymaster),  one  commis- 
sary, one  inspector  of  rifle  practice  (who  shall  be  ordnance  officer), 
each  with  the  rank  of  first  lieutenant;  one  sergeant-major,  one  princi- 
pal musician,  one  quartermaster-sergeant,  one  commissary  sergeant, 
one  hospital  steward,  two  color  sergeants,  one  battalion  sergeant-major 
for  each  battalion,  one  drum  major.  All  of  whom  shall  be  appointed 
by,  and  hold  office  at  the  pleasure  of,  the  colonel,  or  until  their  success- 
ors are  appointed  and  qualified. 

The  staff  of  a  major  commanding  an  unattached  battalion  consists 
of  one  adjutant,  with  the  rank  of  first  lieutenant;  one  assistant  sur- 
geon, with  the  rank  of  captain;  one  commissary  (who  shall  also  be 
quartermaster),  one  inspector  of  rifle  practice  (who  shall  also  be 
ordnance  officer),  each  with  the  rank  of  second  lieutenant;  one  sergeant- 
major,  one  commissary  sergeant  (who  shall  also  be  quartermaster- 
sergeant),  one  hospital  steward,  and  two  color  sergeants.  All  of  whom 
shall  be  appointed  by  such  commanding  officer,  and  hold  office  at  his 
pleasu/e,  or  until  their  successors  are  appointed  and  qualified. 


POLITICAL   CODE.  251 

ARTICLE  IV. 
DIVISIONS   AND   BRIGADES. 

Section  2008.  A  new  section  to  be  added  to  Article  IV  to  read  as 
follows: 

Duties  of  inspectors  of  rifle  practice. 

Sec.  2008.  It  shall  be  the  duty  of  the  inspector-general  of  rifle  prac- 
tice to  exercise  general  supervision  over  the  rifle  practice  of  the  National 
Guard;  to  inspect,  or  cause  to  be  inspected,  from  time  to  time,  all  ranges 
and  practice  grounds,  and  see  that  the  prescribed  regulations  for  rifle 
practice  are  carried  out  by  the  National  Guard,  and  that  the  proper 
returns  thereof  are  made  out;  to  report  direct  to  general  headquarters, 
from  time  to  time,  the  improvement  in  marksmanship  among  the  uni- 
formed forces,  together  with  all  other  matters  pertaining  to  his  duties. 
Commanders  of  brigades,  regiments,  and  companies  shall  furnish  to 
the  inspector-general  of  rifle  practice  such  information  as  he  shall 
require  in  regard  to  the  rifle  practice  of  their  commands,  and  as  to  the 
number  and  condition  of  all  targets  or  other  military  property  of  the 
State  issued  to  their  respective  commands  for  use  in  rifle  practice;  and 
if,  at  the  conclusion  of  his  inspection  of  any  armory,  range,  or  practice 
ground,  he  shall  find  any  property  appertaining  to  rifle  practice,  which 
ought  to  be  kept  therein,  missing,  injured,  unfit  for  use,  or  deficient  in 
any  respect,  or  that  such  range  or  practice  ground  is  dangerous,  he  shall 
forthwith  report  the  facts  in  respect  thereto  to  general  headquarters. 
He  may,  from  time  to  time,  examine  the  officers  upon  the  theory  and 
practice  of  marksmanship,  and  upon  the  system  of  instruction  of  rifle 
practice.  It  shall  be  his  duty  to  attend,  as  far  as  practicable,  all  general 
competitions  in  marksmanship  among  the  National  Guard,  and  see  that 
such  competitions  are  conducted  with  fairness  and  according  to  pre- 
scribed regulations.  He  shall  make  an  annual  report  to  general  head- 
quarters, in  which  he  shall  state  the  result  of  all  competitions  in 
marksmanship,  with  the  names  of  the  winners,  together  with  such 
suggestions  as  he  may  see  fit.  The  brigade  inspectors  of  rifle  practice 
shall  have  supervision  of  all  matters  appertaining  to  rifle  practice  within 
the  limits  of  their  respective  brigades,  under  the  direction  of  the  brigade 
commander,  as  above  prescribed  for  the  inspector-general  of  rifle  prac- 
tice. They  shall  report  to  such  inspector-general  of  rifle  practice, 
whenever  required  by  him,  the  condition  of  rifle  practice  in  their 
respective  brigades,  and  what  practice  of  that  description  has  been  car- 
ried on  during  any  period,  and  shall  also,  at  his  request,  report  to  him 
upon  any  matter  relating  to  rifle  practice  which  may  require  examina- 
tion within  their  respective  brigades.  They  shall  attend  the  competition 
for  any  prizes  that  may  be  offered  by  the  State  to  the  command  to  which 


252  PROPOSED   AMENDMENTS    TO   THE 

they  are  attached,  or  that  may  be  arranged  between  any  of  the  companies 
of  their  brigades,  and  see  that  the  same  are  conducted  with  fairness  and 
according  to  the  prescribed  regulations  for  such  competitive  matches, 
and  report  to  the  inspector-general  of  rifle  practice  the  result  of  such 
competitions,  with  the  names  of  the  winners,  together  with  such  sugges- 
tions as  they  may  see  fit  to  make.  Regimental  and  battalion  inspectors  of 
rifle  practice  shall  have  supervision  of  all  matters  appertaining  to  rifle 
practice  within  the  limits  of  their  respective  regiments  or  battalions, 
as  prescribed  for  the  brigade  inspector  of  rifle  practice.  They  shall 
report  to  said  brigade  inspector  of  their  respective  brigades,  the  condi- 
tion of  ■  rifle  practice  in  their  respective  regiments  or  battalions,  and 
what  practice  has  been  carried  on  during  any  period,  and  shall  also,  at 
his  request,  report  to  him  upon  any  matter  relating  to  rifle  practice 
which  may  require  examination  within  their  respective  regiments  or 
battalions.  They  shall  attend  the  competitions  for  any  prize  that  may 
be  offered,  or  that  may  be  arranged  between  any  of  the  companies  of 
their  respective  regiments  or  battalions,  and  see  that  the  same  are  con- 
ducted with  fairness  and  according  to  the  prescribed  regulations  for 
such  competitive  matches,  and  report  to  the  brigade  inspector  of  rifle 
practice  the  result  of  all  such  competitions,  with  the  names  of  the  win- 
ners, together  with  such  suggestions  as  they  may  see  fit. 

Note.— The  above  section  contains  the  provisions  of  an  Act  of  the  Legislature 
approved  March  30,  1878.    (Stats.  1878,  page  758.) 

Section  2009.  A  new  section  to  be  added  to  this  Code,  to  be  known 
as  Section  2009,  and  to  read  as  follows: 

Sanitary  corps. 

Sec.  2009.  1.  The  medical  department  of  the  National  Guard  of 
California  is  hereby  organized  into  a  sanitary  corps,  which  shall  con- 
sist of  one  surgeon-general,  with  the  rank  of  colonel,  who  shall  be  the 
executive  head  of  the  corps,  and  such  number  of  commissioned  officers, 
non-commissioned  officers,  and  privates  as  may  be  required  to  furnish 
an  efficient  service  for  the  organized  strength  of  the  National  Guard. 

2.  The  commissioned  strength  of  the  sanitary  corps  shall  be  deter- 
mined by  the  organization  of  the  National  Guard,  to  wit:  To  each 
organized  division  one  chief  surgeon,  with  the  rank  of  colonel;  to  each 
organized  brigade,  one  chief  surgeon,  with  the  rank  of  lieutenant- 
colonel;  to  each  organized  regiment,  one  surgeon,  with  the  rank  of 
major;  and  a  surgeon,  with  the  rank  of  captain,  for  each  battalion. 

3.  The  appointment  of  the  commissioned  officers  of  the  sanitary 
corps  shall  be  made  by  the  commander-in-chief,  as  hereinafter  provided. 

4.  The  commander-in-chief  is  hereby  authorized  to  transfer  enlisted 
men  of  the  National  Guard  to  the  sanitary  corps,  or  cause  to  be  enlisted 
for   the    same    as    many   hospital    sergeants,   hospital    corporals,   and 


POLITICAL    CODE.  253 

privates  as  the  service  may  require,  who  may  be  mounted,  and  per- 
manently attached  to  the  sanitary  corps,  under  such  regulations  as  the 
commander-in-chief  may  prescribe. 

5.  No  person  shall  receive  the  appointment  of  surgeon  unless  he  is  a 
graduate  of  a  medical  school  and  unless  he  shall  have  been  examined 
and  approved  by  a  medical  board,  consisting  of  not  less  than  three 
surgeons,  designated  by  the  commander-in-chief,  upon  the  recommenda- 
tion of  the  surgeon-general. 

6.  No  person  shall  be  transferred  to  or  enlisted  into  the  sanitary 
corps  unless  he  shall  have  passed  a  satisfactory  examination,  as  to  his 
qualifications,  before  a  board  of  medical  officers,  to  be  appointed  by  the 
commander-in-chief,  upon  the  recommendation  of  the  surgeon-general. 

7.  Assignments  of  commissioned  and  non-commissioned  officers  and 
privates  of  the  sanitary  corps  shall  be  made,  and  their  duties  prescribed, 
by  the  commander-in-chief,  upon  the  recommendation  of  the  surgeon- 
general. 

8.  Privates  of  the  sanitary  corps  shall  do  duty  as  cooks,  nurses,  and 
attendants  in  hospitals,  and  as  stretcher-bearers  and  ambulance-drivers 
and  attendants  in  the  field,  and  such  other  duties  as  may  be  required 
of  them  by  proper  authority. 

9.  The  pay  and  emoluments  of  members  of  the  sanitary  corps  shall 
be  the  same  as  provided  by  law  for  the  pay  of  troops  of  the  National 
Guard. 

10.  The  sanitary  corps  shall  be  equipped  and  uniformed  the  same  as 
the  same  department  in  the  United  States  army.  The  funds  to  be 
expended  by  this  department  shall  be  expended  by  the  authority  of  the 
commander-in-chief,  upon  the  recommendation  of  the  surgeon-general. 

ARTICLE  V. 

PARADES    AND   DRILLS. 

Section  2018.     To  be  amended  to  read  as  follows: 
Sec.  2018.     The  National  Guard  of  California  must  parade  in  each 
year  as  follows: 

1.  On  the  fourth  of  July; 

2.  For  target  practice  at  such  times  as  may  be  designated  by  the  com- 
mander-in-chief, and  at  least  once  in  each  year; 

3.  These  parades  shall  be  made  by  brigade,  regiment,  battalion,  or 
company,  as  may  be  deemed  most  advisable  by  the  commander-in-chief, 
who  shall  issue  orders  to  the  National  Guard  to  carry  out  the  provisions 
of  this  section. 


254  PROPOSED    AMENDMENTS   TO   THE 

Section  2022.     To  be  amended  to  read  as  follows: 

Sec.  2022.  The  commander-in-chief  may  annually  order  an  encamp- 
ment for  discipline  and  drill,  either  by  division,  brigade,  regiment, 
battalion,  or  unattached  company,  and  all  troops  assembled  and  en- 
camped, under  orders  of  the  commander-in-chief,  for  not  less  than  seven 
days,  shall  receive  a  sum  equal  to  one  dollar  and  twenty-five  cents  per 
day  for  each  officer  and  man  regularly  on  duty  in  such  camp;  provided, 
that  the  aggregate  for  each  company  of  such  last  mentioned  allowance 
of  one  dollar  and  twenty-five  cents  per  day  shall  not  exceed  the  sum  of 
four  hundred  dollars  per  company;  all  officers  and  men  shall  receive,  in 
addition  to  the  above  allowance,  the  actual  fare  to  and  from  the  place  of 
encampment;  and  provided  further,  that  when  the  division  or  a  brigade 
is  regularly  assembled  and  encamped  for  discipline  and  drill  for  not  less 
than  seven  days,  then,  in  addition  to  the  above  allowance,  the  major- 
general,  brigadier-general,  the  members  of  the  staff  of  the  commander- 
in-chief,  and  each'  staff  officer  on  the  general  staff,  shall  receive  from 
the  State  the  sum  of  one  dollar  and  twenty-five  cents  per  day  while 
regularly  on  duty  in  such  camp;  and  provided  further,  that  in  any  camp 
held  in  pursuance  of  orders  from  the  commander-in-chief,  all  mounted 
officers  and  enlisted  men  shall  receive  the  sum  of  two  dollars  per  day 
for  each  horse  necessarily  used  by  them  at  such  encampment;  and 
provided  further,  that  by  all  officers  and  enlisted  men  of  companies  of 
the  naval  battalion  such  services  may  be  performed  afloat.  Aforesaid 
allowances  shall  be  paid  only  when  appropriations  are  made  sufficient 
for  that  purpose. 

CHAPTER  IV. 

courts-martial  and  of  inquiry. 

Secton  2076.     To  be  amended  t%  read  as  follows: 

Sec.  2076.     The  following  officers  may  appoint  courts-martial: 

1.  The  commander-in-chief,  for  the  trial  of  general  officers,  retired 
officers,  and  all  officers  of  the  staff  of  the  commander-in-chief; 

2.  The  major-general,  for  the  trial  of  all  staff  officers  of  the  division  and 
brigades,  and  of  field  officers  of  regiments  and  battalions; 

3.  The  brigadier-general,  for  the  trial  of  officers  and  soldiers  in  their 
respective  brigades; 

4.  The  commanding  officers  of  regiments  and  unattached  battalions, 
for  the  trial  of  all  enlisted  men  in  their  respective  commands.  For  the 
trial  of  enlisted  men  of  regiments  or  battalions,  the  commanding  officer 
thereof  may,  at  any  time,  appoint  a  summary  court-martial,  to  consist 
of  one  officer  whose  rank  is  not  below  that  of  captain.  For  the  trial  of 
enlisted  men  of  unattached  companies,  troops,  or  batteries,  the  brigade 


POLITICAL   CODE.   *  255 

commander  may,  at  any  time,  appoint  a  summary  court-martial,  to 
consist  of  a  first  lieutenant  of  such  company,  troop,  or  battery; 

5.  The  officer  appointing  said  court  shall  fix  the  day  on  which  it  shall 
convene,  and  when  convened  the  court  may  adjourn  from  time  to  time, 
as  shall  become  necessary  for  the  transaction  of  business;  but  the  whole 
session  of  the  court,  from  the  day  on  which  it  shall  convene  until  its  disso- 
lution, shall  not  exceed  three  weeks,  and  in  case  any  vacancy  shall 
happen  in  the  court,  or  a  new  court  shall  be  required,  the  officer  order- 
ing the  court,  or  his  successor  in  command,  may  fill  such  vacancy,  or 
order  a  new  court; 

6.  The  officer  constituting  such  court  shall,  before  he  enters  on  his 

duties  as  such,  take  the  following  oath:  "I, ,  do  swear  (or  affirm) 

that  I  will  well  and  truly  try  and  determine,  according  to  evidence,  all 
matters  between  the  people  of  the  State  of  California  and  any  person 
or  persons  who  may  come  before  the  summary  court-martial  to  which  I 
have  been  appointed.  And  such  oath  shall  be  taken  by  him  before  a 
justice  of  the  peace  of  the  county  in  which  he  resides,  or  a  field  officer, 
and  it  shall  be  the  duty  of  such  justice  of  the  peace  or  field  officer  to 
administer  the  oath  without  fee  or  reward; 

7.  Such  court  shall  direct  a  non-commissioned  officer,  or  other  fit 
person  or  persons,  to  be  by  him  designated,  to  summon  all  delinquents 
and  parties  accused  to  appear  before  the  court,  at  a  time  and  place  to  be 
by  him  appointed,  which  service  shall  be  personal  or  by  leaving  such 
summons  at  the  residences  of  such  delinquents  and  parties  accused; 

8.  Such  non-commissioned  officer,  or  other  person  or  persons  so 
designated,  shall  make  the  like  returns  and  with  like  effect  as  commis- 
sioned and  non-commissioned  officers  are  authorized  and  required  to 
make  in  cases  of  warning  to  a  company  or  regimental  parade,  and  shall 
be  subject  to  the  like  penalties  for  neglect  of  duty; 

9.  The  court  shall  be  conducted  in  the  same  manner  as  summary 
courts-martial  are  in  the  service  of  the  United  States,  and  shall  have 
the  trial  of  all  offenses,  delinquencies,  and  deficiencies  that  occur  in  the 
regiment  or  battalion  for  which  it  shall  have  been  appointed,  and  also 
of  any  that  occur  in  the  separate  companies,  troops,  or  batteries;  and 
the  said  court  shall  have  power  to  impose  and  direct  to  be  levied  all 
the  fines  or  penalties  to  which  enlisted  men  are  declared  to  be  subject 
by  the  provisions  of  this  chapter; 

10.  The  proceedings  and  sentence  of  any  such  court  shall,  without 
delay,  be  delivered  to  the  officer  ordering  the  court,  who  shall  approve  or 
disapprove  the  same  within  thirty  days  thereafter,  and  shall  give  notice 
of  his  approval  or  disapproval  to  the  president  thereof;  and  from  the* 
sentence  of  any  such  court  imposing  a  fine  or  penalty  for  any  offense, 
delinquency,  or  deficiency,  an  appeal,  if  made  within  twenty  days  after 
the  fine  or  penalty  was  made  known  to  the  person  fined,  shall   be 


256  PROPOSED   AMENDMENTS   TO   THE 

allowed  to  the  officer  ordering  the  court,  or  to  his  successor  in  command, 
and  he  may  remit  or  mitigate  such  penalty  or  fine. 

Section  2084.     To  be  amended  to  read  as  follows: 

Sec. -.2084.  Every  Sheriff  and  Constable  must  serve  all  orders,  sub- 
poenas, or  process  delivered  to  him  for  that  purpose  by  any  member  of 
a  court-martial  or  court  of  inquiry. 

CHAPTER  V. 

THE    BOARD    OF    MILITARY   AUDITORS. 

Section  2094.     To  be  amended  to  read  as  follows: 

Sec.  2094.  There  must  be  audited  and  allowed  by  the  board  of 
military  auditors,  and  paid  out  of  the  appropriation  for  military  pur- 
poses, upon  the  warrant  of  the  State  Controller,  to  the  commanding 
officer  of  each  infantry  or  artillery  company  of  the  National  Guard,  the 
sum  of  one  hundred  dollars  per  month;  to  the  commanding  officer  of 
each  light  battery  having  not  less  than  four  guns,  with  which  they 
regularly  drill  and  parade,  and  to  the  commanding  officer  of  each  troop 
of  cavalry,  the  sum  of  two  hundred  dollars  per  month;  and  to  the  com- 
manding officer  of  each  division  of  the  naval  battalion,  the  sum  of  one 
hundred  dollars  per  month;  the  sum  so  paid  to  be  used  for  armory  rent, 
care  of  arms,  and  proper  incidental  expenses  of  the  company.  There 
must  also  be  audited,  allowed,  and  paid,  out  of  the  same  appropriations, 
to  the  commanding  officer  of  each  regiment  or  battalion,  the  sum  of  six 
dollars  per  month  for  each  company  in  his  command,  for  clerical 
expenses,  stationery,  printing,  and  postage;  and  if  the  regiment  or 
battalion  has  more  than  four  companies,  and  has  attached  to  it  an 
organized  and  uniformed  band  of  not  less  than  twenty  people,  the 
additional  sum  of  thirty-five  dollars  per  month  for  such  band;  to  the 
major-general,  six  hundred  dollars  per  annum;  to  the  brigadier-general 
of  each  brigade,  four  dollars  per  mpnth  for  each  company  in  his  brigade, 
and  to  each  company,  a  sum  necessary  for  uniforms,  and  to  keep  the 
same  in  repair,  not  to  exceed  one  hundred  and  fifty  dollars  per  annum ; 
and  to  the  adjutant-general,  four  thousand  dollars  per  annum,  to  be 
expended  by  him  in  promoting  rifle  practice.  There  shall  also  be  paid, 
from  the  military  appropriations  of  the  State,  a  sum  not  exceeding  five 
hundred  dollars  for  the  first  year  of  its  existence,  to  the  brigadier-general 
for  a  hospital  and  ambulance  corps  in  their  respective  brigades,  which 
sum  shall  be  expended  in  the  purchasing  of  proper  supplies,  equipments, 
and  medicines  for  such  corps,  and  thereafter  to  such  corps  there  shall 
be  paid  a  sum,  for  the  same  purpose,  of  not  exceeding  five  hundred 
dollars  per  annum. 


POLITICAL   CODE.  257 

Section  2099.     To  be  amended  to  read  as  follows: 

Sec.  2099.  The  annual  sum  of  two  hundred  and  fifty  dollars  may  be 
audited  by  the  board,  and  paid  out  of  the  appropriation  for  military 
purposes,  to  each  company  of  the  National  Guard  of  fifty  members  or 
over,  and  an  amount  in  proportion  to  every  company  of  less  than  fifty 
members.  The  amount  so  audited  and  allowed  must  be  paid  to  the 
commanding  officers  of  such  companies  for  the  use  thereof. 

Section  2101.     To  be  repealed. 

Note.— The  provisions  of  this  section,  in  an  amended  form,  are  contained  in 
Section  1945  of  this  Code. 

Section  2105.     To  be  amended  to  read  as  follows: 

Sec.  2105.  There  must  be  audited  and  allowed  by  the  board  of 
military  auditors,  and  paid  out  of  the  appropriations  for  military  pur- 
poses, to  the  commanding  officer  of  each  signal  corps  in  the  National 
Guard,  the  sum  of  twenty-five  dollars  per  month  for  each  ten  enlisted 
members  of  said  corps,  the  sum  so  paid  to  be  used  for  armory  rent,  care 
of  arms,  and  proper  incidental  expenses  of  the  signal  corps.  Demand 
shall  be  made  and  presented  in  the  same  manner  as  for  the  expenses  of 
a  company. 

Chapter  I  of  Part  III,  Title  V,  Article  I,  containing  Sections  2136, 
2137,  2138,  2139,  2140,  2150,  2151,  2152,  2153,  2154,  2155,  2165,  2166, 
2167,  2168,  2169,  2179,  2180,  2181,  2182,  2183,  2193,  2194,  2195,  2196, 
2197,  2198,  2199,  2200,  2210,  2211,  2212,  2213,  2214,  2215,  2216,  2217, 
2218,2219,  2220,  2221,  and  2222,  is  to  be  revised  and  entirely  rewritten. 
The  Commissioners  have  in  preparation  a  measure  to  occupy  this  chap- 
ter, designed  to  apply  to  all  the  asylums  for  the  insane  in  this  State, 
providing  for  their  harmonious  and  uniform  management  and  control. 
This  proposed  enactment  will  be  submitted  to  the  Legislature  at  the 
commencement  of  its  session. 

CHAPTER  II. 

INSTITUTION   FOR    THE   DEAF   AND    THE    BLIND. 

ARTICLE  I. 
GENERAL   PROVISIONS. 

Section  2237.     To  be  amended  to  read  as  follows: 

Sec.  2237.     The  institution   for  the  deaf  and  the  blind,  located   at 

Berkeley,  Alameda  County,  is  a  part  of  the  school  system  of  the  State, 

except  that  it   shall  derive  no  revenue   from  the  public  school  fund, 

and  has  for  its  object  trie  education  of  the  deaf  and  the  blind  who,  by 

17— c 


258  PROPOSED   AMENDMENTS   TO   THE 

reason  of  their  infirmity,  cannot  be  taught  in  the  public  schools.  It 
shall  be  known  and  designated  as  the  Institution  for  the  Deaf  and  the 
Blind. 

Section  2238.     To  be  amended  to  read  as  follows: 

Sec.  2238.  Every  deaf  or  blind  child,  of  suitable  age  and  mental 
capacity  for  instruction,  and  whose  parents  or  guardians  are  actual 
residents  of  the  State,  is  entitled  to  education  and  maintenance,  except 
clothing,  in  this  institution,  free  of  charge. 

Section  2239.     To  be  amended  to  read  as  follows: 

Sec.  2239.  Any  such  deaf  or  blind  child,  whose  parents  or  guardians 
are  not  residents  of  the  State,  is  entitled  to  the  benefits  of  the  institu- 
tion upon  paying  to  the  treasurer  thereof  three  hundred  dollars  for 
each  academic  year,  to  be  paid  semi-annually  in  advance.  If  the 
parents  or  guardians  of  any  pupil  in  the  institution  shall  be  unable  to 
clothe  such  child,  the  parent  or  guardian  may  testify  to  such  inability 
before  the  judge  of  the  Superior  Court  of  the  county  wherein  he  or  she 
is  resident,  and  if  said  judge  is  satisfied  that  the  parent  or  guardian  is 
not  able  to  provide  suitable  clothing  for  the  child,  he  shall  issue  a  cer- 
tificate to  that  effect;  and  upon  presentation  of  such  certificate,  it  shall 
be  the  duty  of  the  directors  of  said  institution  to  clothe  the  child,  the 
expenses  to  be  paid  out  of  the  appropriation  made  for  the  support  of 
the  institution. 

Section  2240.     To  be  repealed. 

Note.— The  provisions  of  this  section  are  incorporated  in  the  preceding  section. 

Section  2242.  To  be  repealed. 

Note. — The  office  of  State  Geologist  has  ceased  to  exist,  and  this  section  has  been 
inoperative. 

Section  2243.     To  be  amended  to  read  as  follows: 

Sec.  2243.  The  salaries  mentioned  in  this  chapter  must  be  paid 
monthly  out  of  the  moneys  appropriated  for  the  support  of  the 
institution. 

Section  2244.     To  be  amended  to  read  as  follows: 

Sec.  2244.  The  official  bonds  required  by  the  provisions  of  this  chap- 
ter must  be  approved  by  the  board,  and  filed  and  recorded  in  the  office 
of  the  Secretary  of  State. 


POLITICAL   CODE.  259 


ARTICLE  II. 


BOARD    OF   DIRECTORS. 


Section  2255.     To  be  amended  to  read  as  follows: 

Sec.  2255.     The  powers  and  duties  of  the  board  are  as  follows: 

1.  To  make  by-laws,  not  inconsistent  with  the  laws  of  the  State,  for 
their  own  government,  and  the  government  of  the  institution; 

2.  To  elect  a  principal,  and  to  discharge ,  him  whenever,  in  their 
opinion,  the  interests  of  the  institution  require  it; 

3.  To  elect  a  treasurer,  who  shall  not  be  a  member  of  the  board  of 
directors; 

4.  To  elect  a  physician  for  the  institution  for  a  term  of  two  years, 
who  shall  not  be  a  member  of  the  board  of  directors; 

5.  To  fix  the  compensation  of  teachers  and  employes; 

6.  To  make  diligent  inquiry  into  the  departments  of  labor  and  expense, 
the  condition  of  the  institution,  and  its  prosperity; 

7.  To  receive  gifts  or  bequests  of  money  or  property  for  the  benefit  of 
the  institution,  and  to  invest  or  expend  the  same  according  to  the  wishes 
of  the  donor.  All  official  acts  performed  by  them  shall  be  in  the  name 
of  the  "Institution  for  the  Education  of  the  Deaf  and  the  Blind,"  and 
by  that  name  they  may  make  loans,  and  maintain  action  to  enforce  the 
payment  thereof; 

8.  To  hold  stated  meetings  at  the  institution  at  least  once  in  every 
three  months; 

9.  To  keep  a  record  of  their  proceedings; 

10.  To  report  to  the  Governor  a  statement  of  the  receipts  and  expendi- 
tures, the  condition  of  the  institution,  and  of  such  other  matters  touch- 
ing the  duties  of  the  board  as  they  deem  advisable; 

11.  To  provide  in  the  institution  rooms  and  board  for  the  principal 
and  his  family. 

ARTICLE  III. 

PRINCIPAL    TEACHER. 

Section  2267.     To  be  amended  to  read  as  follows: 
Sec.*2267.     The  principal  must  have  had  not  less  than  three  years' 
experience  in  the  art  of  teaching  the  deaf. 

Section  2268.     To  be  amended  to  read  as  follows: 

Sec.  2268.  He  is  the  chief  executive  officer  of  the  institution,  with 
powers  and  duties  as  follows: 

1.  To  superintend  the  grounds,  buildings,  and  property  of  the 
institution; 


260  PROPOSED   AMENDMENTS    TO   THE 

2.  With  the  consent  of  the  board  of  directors,  to  fix  the  number  of, 
and  appoint  and  remove,  the  teachers  and  employes; 

3.  To  prescribe  and  enforce  the  performance  of  the  duties  of  teachers 
and  employes; 

4.  To  control  the  pupils,  and  to  prescribe  and  enforce  a  system  of 
instruction; 

5.  To  live  at  the  institution; 

6.  To  keep  a  record  of  his  official  acts  in  the  manner  prescribed  in 
the  by-laws; 

7.  To  estimate  quarterly,  in  advance,  the  expenses  of  the  institution, 
and  report  such  estimates  to  the  board  of  directors; 

8.  To  make  up  his  annual  accounts  to  the  first  of  July  in  each  year, 
and  as  soon  thereafter  as  possible  report  a  statement  thereof,  and  of  the 
condition  of  the  institution,  to  the  board  of  directors; 

ARTICLE  IV. 

TREASURER. 

Section  2280.     To  be  amended  to  read  as  follows: 
Sec.  2280.     It  is  the  duty  of  the  treasurer: 

1.  To  act  as  secretary  of  the  board  of  directors; 

2.  To  keep  the  accounts  of  the  board,  the  receipts,  expenditures, 
assets,  and  liabilities  of  the  institution; 

3.  To  report  quarterly  to  the  board  a  statement,  under  oath,  of  the 
expenditures  and  receipts  of  the  preceding  quarter; 

4.  To  perform  such  other  duties  as  may  be  required  of  him  by  the  by- 
laws or  the  board  of  directors. 

Section  2327.     To  be  amended  to  read  as  follows: 

Sec.  2327.  The  control  and  management  of  the  University  of  Cali- 
fornia, and  the  state  normal  schools,  are  provided  for  in  title  three  of 
part  three  of  this  Code. 

Note.— The  amendment  consists  in  changing  the  word  "school"  to  "schools." 

Section  2328.     To  be  amended  to  read  as  follows: 

Sec.  2328.  The  control  and  management  of  the  state  prisons  is  pro- 
vided for  in  "An  act  to  regulate  and  govern  the  state  prisons  6f  Cali- 
fornia," approved  March  nineteenth,  eighteen  hundred  and  eighty-nine, 
and  acts  amendatory  thereof  and  supplemental  thereto. 


POLITICAL   CODE.  261 

CHAPTER  II. 

HIGHWAYS. 

ARTICLE  I. 
ENUMERATION   OF    HIGHWAYS. 

Section  2618.     To  be  amended  to  read  as  follows: 

Sec.  2618.  In  all  counties  of  this  State  public  highways  are  roads, 
streets,  alleys,  lanes,  courts,  places,  trails,  and  bridges,  laid  out  or  erected 
as  such  by  the  public,  or  if  laid  out  and  erected  by  others,  dedicated  or 
abandoned  to  the  public,  or  made  such  in  actions  for  the  partition  of 
real  property;  provided,  that  no  route  of  travel  used  by  one  or  more 
persons,  over  the  lands  of  another,  shall  hereafter  become  a  public  road 
or  byway  by  use,  unless  so  declared  by  the  Board  of  Supervisors,  or  by 
dedication  by  the  owner  of  the  land  affected. 

Section  2621.     To  be  repealed. 

Note.— The  provisions  of  this  section  are  contained  in  Sections  2618  and  2623. 

Section  2623.     To  be  amended  to  read  as  follows: 

Sec.  2623.  Any  road  laid  out  by  the  Board  of  Supervisors,  as  pro- 
vided in  this  chapter,  or  used  and  worked  as  therein  provided,  shall 
not  be  vacated  or  cease  to  be  a  highway  until  so  ordered  by  said  board, 
and  each  county  shall  be  deemed  to  have  acquired  title  to  any  road 
opened  over  any  land  in  conformity  to  any  order  made  by  its  Board  of 
Supervisors,  pursuant  to  this  chapter,  after  one  year  shall  have  elapsed 
from  the  time  of  making  the  order  opening  the  road;  provided,  no  con- 
test shall  have  previously  been  entered. 

Note.— The  amendment  consists  in  the  addition  of  the  proviso. 

ARTICLE  II. 
RULES    AND    RESTRICTIONS    RESPECTING   THE    USE    OP    HIGHWAYS. 

Section  2633.     To  be  amended  to  read  as  follows: 

Sec.  2633.  Any  owner  or  occupant  of  land  adjoining  a  highway  not 
less  than  three  rods  wide  may  plant  deciduous  trees  in  and  along 
said  highway  on  the  side  contiguous  to  his  land.  They  must  be  set  in 
regular  rows,  at  a  distance  of  at  least  twenty  feet  from  each  other,  and 
not  more  than  six  feet  from  the  boundary  of  the  highway.  If  the 
highway  is  more  than  eighty  feet  wide,  the  row  must  not  be  less  than 
six,  nor  more  than  twelve,  feet  from  the  boundary  of  the  highway. 
Whoever  willfully  injures  any  of  them  is  liable  to  the  owner  or  to  the 


262  PROPOSED   AMENDMENTS   TO   THE 

occupant  for  the  damage  which  is  thereby  sustained;  provided,  if,  in  the 
judgment  of  the  Board  of  Supervisors,  the  whole  width  of  such  road  is 
needed  for  use  for  highway  purposes,  the  whole  thereof  may  be  so  used. 

Note.— The  word  "deciduous *  is  inserted  before  "trees"  to  prevent  the  planting 
of  evergreens,  which  shade  the  road  in  winter,  when  not  needed,  and  prevent  the 
drying  of  the  road  in  wet  weather. 

ARTICLE  III. 
POWERS   AND   DUTIES    OF    HIGHWAY    OFFICERS. 

Section  2643.     To  be  amended  to  read  as  follows: 

Sec.  2643.  The  Boards  of  Supervisors  of  the  several  counties  of  the 
State  shall  have  general  supervision  over  the  roads  within  their  respective 
counties.     They  must,  by  proper  order: 

1.  Cause  to  be  surveyed,  viewed,  laid  out,  recorded,  opened,  and  worked, 
such  highways  as  are  necessary  to  public  convenience,  as  in  this  chapter 
provided; 

2.  Cause  to  be  recorded  as  highways  all  highways  which  have  become 
such  by  usage,  dedication,  or  abandonment  to  the  public,  or  by  any 
other  means  provided  by  law,  and  to  prepare  and  record  proper  deeds 
and  titles  thereto; 

3.  Abolish  or  abandon  such  as  are  not  necessary; 

4.  Acquire  the  right  of  way  over  private  property  for  the  use  of  public 
highways,  and  for  that  purpose  require  the  District  Attorney  to  institute 
proceedings  under  title  seven,  part  three,  of  the  Code  of  Civil  Procedure, 
and  to  pay  therefor  from  the  general  road  fund,  or  the  district  road  fund 
of  the  county; 

5.  Levy  a  property  tax  for  road  purposes; 

6.  Cause  to  be  erected  and  maintained,  at  the  intersections  and  cross- 
ings of  highways,  guide-posts,  properly  inscribed; 

7.  Cause  the  road  tax  collected  each  year  to  be  apportioned  to  the 
several  road  districts  entitled  thereto,  and  kept  by  the  County  Treasurer 
in  separate  funds; 

8.  Audit  all  claims  on  the  funds  set  apart  for  highway  purposes,  and 
specify  the  fund  or  funds  from  which  the  whole  or  any  part  of  any 
claim  or  claims  must  be  paid; 

9.  In  their  discretion,  they  may  provide  for  the  establishment  of  gates 
on  the  public  highways  in  certain  cases,  to  avoid  the  necessity  of  build- 
ing road  fences,  and  prescribe  rules  and  regulations  for  closing  the  same, 
and  penalties  for  violating  said  rules;  provided,  that  the  expense  for  the 
erection  and  maintenance  of  such  gates  shall  in  all  cases  be  borne  by 
the  party  or  parties  for  whose  immediate  benefit  the  same  shall  be 
ordered; 

10.  For  the  purpose  of  watering  roads  in  any  part  of  the  county,  the 


POLITICAL   CODE.  263 

Board  of  Supervisors  may  erect  and  maintain  waterworks,  and  for  such 
purpose  may  purchase  or  lease  real  or  personal  property..  The  costs  for 
such  waterworks,  and  the  watering  of  said  roads,  may  be  charged  to  the 
general  county  fund,  the  general  road  fund,  or  the  district  fund  of  the 
district  or  districts  benefited; 

11.  Whenever  it  shall  be  determined  that  any  grading,  graveling, 
macadamizing,  ditching,  sprinkling,  or  other  work  upon  highways,  is 
necessary,  and  is  to  be  done,  and  where  the  estimated  cost  of  such  work 
amounts  to  three  hundred  dollars,  the  Board  of  Supervisors  must,  by 
proper  order,  direct  the  County  Surveyor  to  make  definite  surveys  of 
the  proposed  work,  and  to  prepare  profiles  and  cross-sections  thereof, 
and  to  submit  the  same,  with  the  estimate  of  the  amount  or  amounts  of 
work  to  be  done,  and  the  cost  thereof,  and  with  specifications  therefor. 
Said  report  shall  be  prepared  in  duplicate,  one  copy  to  be  filed  in  the 
Surveyor's  office,  and  the  other  to  be  filed  with  the  clerk  of  the  Board 
of  Supervisors.  The  board,  upon  receipt  of  such  report,  must  advertise 
for  bids  for  the  performance  of  the  work  specified.  Such  advertisement 
for  bids  must  be  published  for  two  weeks  in  two  newspapers,  one  pub- 
lished at  the  county  seat  and  the  other  at  a  point  nearest  the  proposed 
work.     Such  advertisement  must  be  in  the  following  form: 

"  Office  of  the  Clerk  of  the  Board  of  Supervisors, 

County, ,  189—. 

"  Sealed  bids  will  be  received  by  the  clerk  of  the  Board  of  Supervisors 

of County,  at  his  office,  until o'clock,  —  m., , 

189—,  for ,  on   ,  in   District,  in   

County. 

"  Specifications  for  this  work  are  on  file  in  the  office  of  the  said  board, 
to  which  bidders  are  hereby  referred. 

u 

5 

"  Clerk  of  the  Board  of  Supervisors  of  the  County  of ." 

And  such  advertisement  must  also  be  posted,  for  at  least  two  weeks 
prior  to  the  opening  of  the  bids  for  the  proposed  work,  in  three  con- 
spicuous places  in  the  district  or  districts  in  which  the  proposed  work 
lies,  and  one  at  the  site  of  the  proposed  work.  Bids  must  be  inclosed  in 
a  sealed  envelope,  addressed  to  the  clerk  of  the  Board  of  Supervisors, 

and  must  be  indorsed,  "  Bids  for ,"  and  must  be  delivered  to  said 

clerk  prior  to  the  hour  specified  in  the  advertisement.  The  board  shall 
publicly  open  and  read  such  bids  as  may  be  submitted,  and  must  award 
the  contract  for  the  work  to  the  lowest  bidder;  unless  it  shall  appear  to 
the  board  that  the  bids  are  too  high,  and  the  work  can  be  done  more 
cheaply  by  day  labor,  in  which  case  the  bids  must  be  rejected,^  and  the 
work  ordered  done  by  the  road  commissioner  or  commissioners  in  whose 
district  or  districts  the  work  may  be  situated.      In  case  the  work  shall 


264  PROPOSED   AMENDMENTS    TO    THE 

be  let  to  contract,  monthly  or  quarterly  payments  may  be  made  thereon, 
upon  the  receipt  of  a  certified  estimate  by  the  County  Surveyor  of  the 
amount  of  work  done  during  the  preceding  month  or  quarter,  to  the 
extent  of  seventy-five  per  cent  of  the  value  of  said  work,  the  remain- 
ing twenty-five  per  cent  being  due-  on  the  completion  of  the  work.  The 
services  of  the  surveyor  in  making  such  partial  estimates  must  be  paid 
for  by  the  contractor.  Upon  the  completion  of  the  work,  the  County 
Surveyor  must  examine  the  same,  and,  if  completed  in  accordance  with 
the  specifications  therefor,  he  must  submit  to  the  Board  of  Supervisors 
a  certificate,  over  his  signature  and  official  seal,  to  the  effect  that  such 
work  by  the  contractor  therefor  has  been  completed  in  accordance  with 
the  specifications  therefor,  and  recommending  its  acceptance.  The 
Board  of  Supervisors  shall  thereupon  audit  the  same,  and  direct  its  pay- 
ment out  of  the  proper  fund  or  funds. 

Section  2645.     To  be  amended  to  read  as  follows: 
Sec.  2645.     Road  commissioners,  under  the  direction  a(nd  supervision 
and  pursuant  to  orders  of  the  Board  of  the  Supervisors,  must: 

1.  Take  charge  of  the  highways  within  their  respective  districts,  and 
shall  employ  all  men,  teams,  watering-carts,  and  all  help  necessary  to 
do  the  work  in  their  respective  districts,  when  the  same  is  not  let  by 
contract;  provided,  that  no  road  commissioner  shall  be  interested, 
directly  or  indirectly,  in  any  contract  work  done,  or  material  supplied, 
upon  the  highways  in  the  county  of  which  he  is  an  officer; 

2.  Keep  them  clear  from  obstructions,  and  in  good  repair,  and  destroy, 
or  cause  to  be  destroyed,  at  least  once  a  year,  all  thistles,  Mexican 
cockleburs,  of  •  any  k^nd,  and  all  noxious  weeds,  growing  or  being  on 
any  portion  of  the  public  highways  or  public  roads  in  their  respective 
districts; 

3.  Cause  banks  to  be  graded,  bridges  and  causeways  to  be  made  when 
necessary,  keep  the  same  in  good  repair,  and  renew  them  when 
destroyed. 

Note.— Amended  by  adding  the  proviso  to  subdivision  one. 

ARTICLE  IV. 
HIGHWAY    TAXES. 

Section  2652.     To  be  amended  to  read  as  follows: 

Sec.  2652.  The  Board  of  Supervisors  may,  annually,  at  any  regular 
meeting  held  between  the  first  days  of  January  and  March  of  each  year, 
levy  on  each  male  person  over  twenty-one  and  under  fifty- five  years  of 
age  found  in  each  road  district  during  the  time  for  the  collection  of 
road  poll  taxes  for  that  year,  excepting  all  persons  who  were  honorably 
discharged  from  service  in  the  army  or  navy  of  the  United  States  at  any 


POLITICAL   CODE.  265 

time  within  the  first  day  of  April  in  the  year  of  our  Lord  eighteen 
hundred  and  sixty-one,  and  the  first  day  of  September  in  the  year  of 
our  Lord  eighteen  hundred  and  sixty-five,  an  annual  road  poll  tax  not 
exceeding  three  dollars;  and  from  every  such  person  not  above  excepted, 
in  a  road  district,  who  has  not  paid  the  same  in  some  other  district, 
must  be  collected  the  amount  of  road  poll  tax  so  levied,  y  Said  road  poll 
tax  shall  be  collected  by  the  County  Assessor  in  the  same  manner  that 
state  poll  taxes  are  collected,  and  all  remedies  given  by  law  for  the  col- 
lection of  state  poll  taxes  shall  apply  to  and  be  in  force  for  the  collec- 
tion of  road  poll  taxes.  Road  poll  tax  receipts,  in  blank,  signed  and 
numbered  in  the  same  manner  that  other  poll  tax  receipts  are  signed 
and  numbered,  shall  be  delivered  by  the  Auditor  of  the  county  to  said 
County  Assessor  on  or  before  the  first  Monday  of  March  of  each  year; 
and  said  Assessor  shall  be  charged  with  the  amount  of  such  road  poll 
tax  receipts  delivered  to  him,  and  be  credited  with  those  returned,  and 
shall  settle  with  the  Auditor,  and  pay  over  the  amounts  collected,  in  the 
manner  provided  by  section  thirty-eight  hundred  and  fifty-three  of  this 
Code.  Such  road  poll  tax  so  collected  shall  be  applied  to  and  constitute 
a  part  of  the  district  road  fund  of  the  district  from  which  it  was  col- 
lected. 

Section  2654.     To  be  amended  to  read  as  follows: 

Sec.  2654.  The  annual  property  tax  for  road  purposes  must  be  levied 
by  the  Board  of  Supervisors,  at  their  session  when  the  tax  is  by  them 
levied  for  county  purposes.  This  property  road  tax,  when  levied,  must 
be  annually  assessed  and  collected  by  the  same  officers  and  in  the  same 
manner  as  other  state  and  county  taxes  are  levied,  assessed,  and  col- 
lected, and  turned  over  to  the  County  Treasurer. 

AETICLE  V. 

PERFORMANCE   OF   HIGHWAY    LABOR   AND    COMMUTATION. 

Section  2671.     To  be  amended  to  read  as  follows: 

Sec.  2671.  Corporations',  or  other  employers  of  persons,  in  any  road 
district  subject  to  the  road  tax,  are  chargeable  for  the  road  poll  tax 
assessed  against  their  employes  to  the  extent  of  any  credit  in  their 
hands  not  exceeding  such  tax;  provided,  the  Assessor  shall  first  give 
notice  to  such  employer,  or  the  managing  agent  of  such  corporation; 
and  from  the  time  of  such  notice  the  amount  of  any  credit  in  his  hands, 
or  that  shall  thereafter  accrue,  sufficient  to  satisfy  said  tax,  shall  be 
paid  to  the  Assessor,  whose  receipt  shall  be  evidence  in  bar  of  the  pros- 
ecution of  any  action  by  the  employe  against  the  principal  for  the 
recovery  of  the  same. 


266  PROPOSED   AMENDMENTS   TO   THE 


AKTICLE   VI. 


LAYING   OUT,    ALTERING,  AND   DISCONTINUING    ROADS. 

Section  2681.     To  be  amended  to  read  as  follows: 

Sec.  2681.  Any  ten  or  more  resident  freeholders  of  a  section  which 
may  be  benefited  by  the  construction  of  a  new  road,  the  correction,  or 
alteration,  or  the  discontinuance  and  abandonment  of  an  existing  road, 
may  petition  the  Board  or  Boards  of  Supervisors  of  the  county  or  coun- 
ties in  which  the  proposed  or  existing  road,  in  whole  or  in  part,  lies, 
in  the  form  herein  provided.  In  case  the  petition  relate  to  a  section 
situated  in  more  than  one  county,  copies  of  the  petition  must  be  pre- 
sented to  the  Board  of  Supervisors  of  each  county. 

Section  2683.     To  be  amended  to  read  as  follows: 

Sec.  2683.  The  petition  must  be  accompanied  by  a  good  and  suffi- 
cient bond,  to  be  approved  by  the  Board  of  Supervisor^,  in  double  the 
amount  of  the  probable  cost  of  surveying,  viewing,  and  estimating  the 
exact  nature  and  cost  of  the  matter  petitioned  for,  and  conditioned  that 
in  case  the  petition  be  not  granted  the  bondsmen  will  pay  all  costs  of 
surveying,  viewing,  and  estimating  the  nature  of  the  matters  petitioned 
for,  and  further  providing  that  in  no  case  shall  any  costs  incurred 
become  a  charge  against  the  county,  or  payable  out  of  any  county 
funds. 

Section  2684.     To  be  amended  to  read  as  follows: 

Sec.  2684.  Upon  filing  such  petition  and  bond,  the  Board  of  Super- 
visors may,  if  they  deem  it  advisable,  appoint  three  viewers,  one  of 
whom  must  be  the  County  Surveyor,  one  the  County  Assessor,  and  a 
distinterested  freeholder  of  the  county,  not  resident  in  the  district 
affected,  to  view  and  survey  any  proposed  alteration  of  an  old,  or  open- 
ing of  a  new,  road,  and  submit  to  the  board  an  estimate  of  the  change, 
alteration,  or  opening,  together  with  'the  probable  cost  thereof,  including 
the  purchase  of  the  right  of  way,  and  their  views  of  the  necessity 
thereof. 

Section  2685.     To  be  amended  to  read  as  follows: 

Sec.  2685.  The  road  viewers  must  be  sworn  to  discharge  their  duties 
faithfully,  must  view  and  lay  out  the  proposed  alterations  or  new  road 
over  the  lightest  grades  and  most  direct  alignments  which  the  nature 
and  topography  of  the  country  will  permit;  they  must  notify  the  resident 
owners,  or  agent  of  the  owners,  of  the  lands  affected  by  the  matter  peti- 
tioned for.  A  majority  number  of  the  viewers,  providing  one  shall  be 
the  County  Surveyor,  shall  be  competent  to  act  in  all  matters  pertain- 


POLITICAL    CODE.  267 

ing  to  their  duties  mentioned  in  this  chapter.  The  Board  of  Supervisors, 
in  making  the  order  appointing  viewers,  may,  in  their  discretion,  direct 
said  viewers  to  first  view  the  proposed  road,  and  if,  in  the  opinion  of  the 
viewers,  the  road  is  impracticable  or  unnecessary,  the  said  viewers  shall 
discontinue  further  proceedings  in  the  matter,  and  report  accordingly. 

Section  2687.     To  be  amended  to  read  as  follows: 

Sec.  2687.  The  viewers  must  be  paid  as  follows:  The  Assessor  must 
be  paid  his  actual  expenses  whilst  in  the  discharge  of  his  duty.  The 
Surveyor  shall  receive  ten  dollars  per  day,  and  if  the  services  of 
assistants,  chainmen,  and  laborers  be  necessary,  the  Surveyor  must 
present  a  sworn  bill  of  the  cost  of  their  services  and  actual  expenses, 
which  must  be  paid  as  herein  provided.  The  third  member  of  the 
board  of  viewers  shall  be  paid  three  dollars  per  day  for  the  time 
occupied  in  the  discharge  of  his  duties.  These  payments,  in  case  the, 
petition  be  not  granted,  must  be  paid  by  the  signers  of  the  bond  accom- 
panying the  petition,  and  shall  in  no  way  become  due  or  be  paid  from 
highway  funds.  In  case  the  petition  be  favorably  acted  upon,  these 
expenses  must  be  paid  from  such  highway  fund  or  funds,  as  the  Board 
of  Supervisors  shall  direct. 

Section  2691.     To  be  amended  to  read  as  follows: 

Sec.  2691.  All  awards  by  agreement,  determined  by  the  board  or  the 
proper  court,  must  be  paid  out  of  the  road  fund  of  the  district,  except 
that  which  may  be  paid  by  interested  parties,  on  the  order  of  the  Board 
of  Supervisors,  and  except  also  that  whenever  it  appears  to  the  Board  of 
Supervisors  that  any  road  district  would  be  unreasonably  burdened  by 
the  payment  of  such  awards  and  expenses,  the  Board  of  Supervisors,  by 
a  two-thirds  vote,  may  cause  a  portion  of  such  awards  and  expenses  to  be 
paid  from  the  general  road  fund;  provided,  however,  that  not  to  exceed 
ten  per  cent  of  the  general  road  fund  shall  be  devoted  to  such  purposes 
in  any  one  fiscal  year.  If  the  road  lies  in  more  than  one  district,  the 
Board  of  Supervisors  must  proportionately  divide  the  awards  and  other 
costs  between  said  districts;  provided,  however,  that  when  money  is  paid 
out  by  any  interested  person,  the  same  may  be  given  to  the  credit  of 
either  fund,  at  the  discretion  of  the  board. 

Section  2692.     To  be  amended  to  read  as  follows: 

Sec.  2692.  Private  or  by-roads  may  be  opened,  laid  out,  or  altered  for 
the  convenience  of  one  or  more  residents  or  freeholders  of  any  road 
district,  in  the  same  manner  as  public  roads  are  opened,  laid  out,  or 
altered,  except  that  only  one  petitioner  shall  be  necessary,  who  must  be 
either  a  resident  or  a  freeholder  in  said  road  district;  and  the  Board  of 
Supervisors  may,  for  like  cause.,  order  the  same  to  be  viewed,  opened, 
laid  out,  or  altered,  the  person  for  whose  benefit  the  said  road  is  required 


26S  PROPOSED   AMENDMENTS    TO   THE 

paying  the  damages  awarded  to  land-owners,  and  keeping  the  same  in 
repair;  provided,  that  the  petitioners  must  accompany  the  petition  with 
a  bond  mentioned  in  section  twenty-six  hundred  and  eighty-three,  con- 
ditioned as  provided  in  said  section,  and  with  a  further  condition  that 
the  bondsmen  will  pay  to  the  person  over  whose  land  said  road  is  sought 
to  be  opened  his  necessary  costs  and  disbursements  in  contesting  the 
opening  of  such  road,  in  case  the  petition  be  not  granted  and  the  road 
finally  not  opened. 

AETICLE  VII. 

ERECTION   AND    MAINTENANCE    OF    BRIDGES. 

Section  2715.     To  be  amended  to  read  as  follows: 

Sec.  2715.  If  the  road  commissioner  of  any  road  district,  chargeable 
with  the  repair  of  a  bridge,  fails  to  make  the  needed  repairs,  after  being 
informed  that  a  bridge  is  impassable  or  unsafe,  and  is  requested  to 
make  the  same  by  two  or  more  freeholders  of  the  district  in  which  it  is 
situate,  or  the  two  districts  which  it  unites,  the  freeholders  may  repre- 
sent the  fact  to  the  Board  of  Supervisors,  who,  upon  being  satisfied  that 
the  bridge  is  unsafe,  must  cause  the  same  to  be  repaired. 

Section  2716.     To  be  amended  to  read  as  follows: 

Sec.  2716.  The  Board  of  Supervisors  of  each  county  must  hold 
special  meetings  on  the  third  Monday  in  July  and  the  third  Monday  in 
January,  for  the  consideration  of  highway  matters  and  interests.  At 
these  meetings  each  Supervisor,  as  ex  officio  road  commissioner,  must 
submit,  in  writing,  a  report  upon  the  expenditures  made  and  work 
performed  in  his  district  during  the  previous  six  months.  Such  report 
must  show: 

1.  The  mileage  of  permanently  located  and  improved  roadway,  and 
by  what  method,  and  from  what  material  constructed; 

2.  The  number,  location,  and  character  of  permanent  bridges,  cul- 
verts, and  drains  constructed; 

3.  The  character  and  extent  of  water  supply  developed  for  road- 
sprinkling,  and  the  mileage  of  sprinkled  road,  with  the  total  and  per 
mile  cost; 

4.  The  character,  condition,  and  number  of  all  road  machinery  and 
tools  owned  by  the  county  or  district,  and  used  in  his  district; 

5.  Recommendations  as  to  the  highways,  and  the  management  of  his 
district  for  the  ensuing  six  months,  and  the  scope  of  work  contemplated; 

6.  In  the  case  of  retiring  commissioners,  he  shall  make  a  report  to 
and  through  his  successor. 


POLITICAL    CODE.  269 

ARTICLE  VIII. 

OBSTRUCTION   AND    INJURIES   TO    HIGHWAYS. 

Section  2731.     To  be  amended  to  read  as  follows: 

Sec.  2731.  If  any  highway  duly  laid  out  or  erected  is  encroached 
upon,  by  fences,  buildings,  or  otherwise,  the  road  commissioner  of  the 
district  must,  in  writing,  require  the  encroachment  to  be  removed  from 
the  highway. 

Note.— Amended  by  requiring  that  notice  "must"  be  given,  and  always  in 
writing. 

Section  2734.     To  be  amended  to  read  as  follows: 

Sec.  2734.  If  the  encroachment  be  denied,  and  the  owner,  occupant, 
or  person  controlling  the  matter  or  thing  charged  with  being  an 
encroachment,  refuses  either  to  remove  or  permit  the  removal  thereof, 
the  Board  of  Supervisors  must  direct  the  District  Attorney  to  institute 
an  action  to  abate  the  same  as  a  nuisance;  and  if  he  recovers  judgment, 
he  may,  in  addition  to  having  the  same  abated,  recover  ten  dollars  for 
every  day  such  nuisance  remained  after  notice,  and  also  his  costs  in 
said  action. 

Note.— Amended  by  dropping  the  words  "  road  overseer  "  and  providing  that  the 
Board  of  Supervisors  must  require  the  District  Attorney  to  commence  the  action. 

Section  2735.     To  be  amended  to  read  as  follows: 

Sec.  2735.  If  the  encroachment  is  not  denied,  but  is  not  removed  for 
five  days  after  the  notice  is  complete,  the  road  commissioner  must 
remove  the  same  at  the  expense  of  the  owner,  occupant,  or  person  con- 
trolling the  same,  and  recover  his  costs  and  expenses,  together  with  the 
penalty  provided  for  in  the  preceding  section. 

Note.—"  Road  overseer "   changed   to  "  road  commissioner,"  and   the   word 
"may  "  to  "must." 

Section  2737.     To  be  amended  to  read  as  follows: 

Sec.  2737.  Whoever  obstructs  or  injures  any  highway,  or  diverts 
any  watercourse  thereon,  or  drains  water  from  his  land  upon  any  high- 
way, to  the  injury  thereof,  by  means  of  ditches  or  dams,  is  liable  to  a 
penalty  of  ten  dollars  for  each  day  such  obstruction  or  injury  remains, 
and  must  be  punished  as  provided  in  section  five  hundred  and  eighty - 
eight  of  the  Penal  Code.  Any  person,  persons,  or  corporation  who 
shall  be  storing  or  distributing  water  for  any  purpose,  and  shall  permit 
the  water  to  overflow,  or  saturate  by  seepage,  any  highway,  to  the  injury 
thereof,  shall,  upon  notification  of  the  road  commissioner  of  the  district 
where  such  overflow  or  seepage  occurs,  repair  the  damages  occasioned 
by  such  overflow  or   seepage;   and  should   such  repair  not   be  made 


270  PROPOSED   AMENDMENTS    TO   THE 

within  ten  days  by  such  person,  persons,  or  corporation,  said  road  com- 
missioner may  make  such  repairs  and  recover  the  expense  thereof  from 
such  person,  persons,  or  corporation,  in  an  action  at  law.  All  persons 
excavating  irrigation,  mining,  or  drainage  ditches  across  public  high- 
ways are  required  to  permanently  bridge  said  ditches  at  such  crossings, 
and  upon  neglect  to  do  so,  the  road  commissioner  for  that  road  district 
shall  construct  the  same,  and  recover  the  cost  of  constructing,  of  such 
persons,  by  action,  as  provided  in  this  section.  And  whoever  willfully 
injures  any  public  bridge  is  hereby  declared  to  be  guilty  of  a  misde- 
meanor, and  is  also  liable  for  actual  damages  for  such  injury,  to  be 
recovered  by  the  county  in  a  civil  action;  provided,  that  every  person 
who  knowingly  allows  the  carcass  of  any  dead  animal  (which  animal 
belongs  to  him  at  the  time  of  its  death)  to  be  put  or  to  remain  within 
one  hundred  feet  of  any  street,  alley,  public  highway,  or  road  in  com- 
mon use,  and  every  person  who  puts  the  carcass  of  any  dead  animal 
within  one  hundred  feet  of  any  street,  alley,  highway,  or  road  in  com- 
mon use,  or  who  shall  deposit  on  any  highway  any  refuse  or  waste,  is 
guilty  of  a  misdemeanor. 

Note.— The  amendment  consists  in  limiting  the  time  within  which  certain 
repairs  shall  be  made  to  ten  days,  requiring  ditches  or  cuts  across  highways  to  be 
permanently  bridged,  and  in  substituting  the  words  "  road  commissioner  "  for 
"  road  overseer."  The  word  "  shall "  was  also  changed  to  "  may,"  to  conform  to  the 
decision  of  the  court  in  County  of  Fresno  vs.  Canal  Co.,  68  Cal.  359. 

Sections  2949,  2950,  2952,  2953,  2954,  2955,  2956,  2957,  2958,  2959, 
2960,  2961,  2962,  2963,  2964,  2965,  2966,  2968,  and  2969,  relating  to 
immigration,  to  be  repealed. 

Section  2993.     To  be  amended  to  read  as  follows: 

Sec.  2993.     The  secretary  of  the  State  Board  of  Health  is  ex  officio 

vaccine  agent.     He  must  obtain  a  supply  of  the  genuine  vaccine  matter, 

and  preserve  the  same  for  the  use  and  benefit  of  the  citizens  of  the  State. 

Note.— Amended  by  consolidating  the  offices  of  secretary  of  State  Board  of 
Health  and  State  vaccine  agent. 

CHAPTER  X. 

HOURS   OP    LABOR. 

Section  3246.     A  new  section  to  be  added  to  read  as  follows: 
Regulating  hours  of  labor. 

Sec.  3246.  Any  contractor  who  employs  any  laborer  to  work,  or 
permits  any  laborer  to  work,  more  than  eight  hours  in  any  twenty-four 
hours  of  time,  upon  any  work  done,  performed,  or  contracted  to  be  done 
or  performed,  for  the  state,  or  for  any  county,  city  and  county,  town,  or 
city,  therein,  shall  not  maintain  an  action  in  the  courts  of  this  State 


POLITICAL   CODE.  271 

upon  the  contract  under  which  the  work  was  performed,  nor  any  action 
in  anywise  relating  to,  or  affecting,  such  contract.  It  shall  be  the  duty 
of  all  officers,  state,  county,  and  municipal,  to  refuse  to  pay  any  con- 
tractor for  work  performed  or  materials  furnished,  if  he  shall  have  been 
guilty  of  a  violation  of  any  of  the  provisions  of  this  section.  All 
mechanics,  workingmen,  and  laborers  employed  by  any  contractor,  as 
aforesaid,  shall  receive  not  less  than  the  prevailing  rate  of  wates  in  the 
respective  trades  or  callings  in  which  such  mechanics,  workingmen,  and 
laborers  are  employed  in  said  locality.  None  but  citizens  of  the  United 
States,  or  persons  who  have  declared  their  intention  to  become  such, 
shall  be  employed  by  any  such  contractor  upon  any  of  the  contracts 
hereinabove  mentioned. 

Section  3247.     A  new  section  to  be  added  to  read  as  follows: 
Preference  to  be  given  to  California  products. 

Sec.  3247.  Any  person,  committee,  board,  officer,  or  any  other  per- 
son, charged  with  the  purchase,  or  permitted  or  authorized  to  purchase, 
supplies,  goods,  wares,  merchandise,  manufactures,  or  produce,  for  the 
use  of  the  State,  or  of  any  of  its  institutions  or  officers,  or  for  the  use  of 
any  county  or  consolidated  city  and  county,  or  city,  or  town,  shall 
always,  price,  fitness,  and  quality  equal,  prefer  such  supplies,  goods, 
wares,  merchandise,  manufactures,  or  produce  as  has  been  grown, 
manufactured,  or  produced  in  this  State,  and  shall  next  prefer  such  as 
has  been  partially  so  manufactured,  grown,  or  produced  in  this  State. 
All  state,  county,  city  and  county,  city,  or  town  officers,  all  boards, 
commissions,  or  other  persons,  charged  with  advertising  for  any  such 
supplies,  shall  state  in  their  advertisement  that  such  preferences  will 
be  made.  In  any  such  advertisement  no  bid  shall  be  asked  for  any 
article  of  a  specific  brand  or  mark  when  such  requirement  would  pre- 
vent proper  competition  on  the  part  of  dealers  in  other  articles  of  equal 
value,  utility,  or  merit. 

Section  3248.     A  new  section  to  be  added  to  read  as  follows: 
Convict-made  goods  to  be  branded  or  labeled. 

Sec.  3248.  All  goods,  wares,  and  merchandise  made  by  convict  labor 
in  any  penitentiary,  prison,  reformatory,  or  other  establishment  in  which 
convict  labor  is  employed,  shall,  before  being  sold,  or  exposed  for  sale, 
be  branded,  labeled,  or  marked  as  hereinafter  provided,  and  shall  not  be 
exposed  for  sale  in  any  place  within  this  State  without  such  brand,  label, 
or  mark.  The  brand,  label,  or  mark  hereby  required  shall  contain  at 
the  head  or  top  thereof  the  words  "  convict  made,"  followed  by  the  year 
and  name  of  the  penitentiary,  prison,  reformatory,  or  other  establish- 
ment in  which  it  was  made,  in  plain  English  lettering/of  the  style  and 
size  knqwn  as  great  primer  roman  condensed  capitals.     The  brand  or 


272  PROPOSED   AMENDMENTS    TO   THE 

mark  shall,  in  all  cases  where  the  nature  of  an  article  will  permit,  bo 
placed  upon  the  same,  and  only  where  such  branding  or  marking  is 
impossible  shall  a  label  be  used,  and  where  a  label  is  used  it  shall  be 
in  the  form  of  a  paper  tag,  which  shall  be  attached  by  wire  to  each 
article,  where  the  nature  of  the  article  will  permit,  and  placed  securely 
upon  the  box,  crate,  or  other  covering  in  which  such  goods,  wares, 
or  merchandise  may  be  packed,  shipped,  or  exposed  for  sale.  Said 
brand,  mark,  or  label  shall  be  placed  upon  the  outside  of  and  upon  the 
most  conspicuous  part  of  the  finished  article  and  its  box,  crate,  or  cov- 
ering. It  shall  be  the  duty  of  the  Commissioner  of  the  Bureau  of  Labor 
Statistics,  and  the  District  Attorneys  of  the  several  counties,  to  enforce 

the  provisions  of  this  section,  and  of  section of  the  Penal  Code, 

and  when,  upon  complaint  or  otherwise,  the  Commissioner  of  the 
Bureau  of  Labor  Statistics  has  reason  to  believe  that  this  section  is 
being  violated,  he  shall  advise  the  District  Attorney  of  the  county 
wherein  such  alleged  violation  has  occurred  of  that  fact,  giving  the 
information  in  support  of  his  conclusions,  and  such  District  Attorney 
shall  at  once  institute  the  proper  legal  proceedings  to  compel  compli- 
ance with  this  section.  It  shall  be  lawful  for  any  person,  persons,  or 
corporation  to  furnish  evidence  as  to  the  violations  upon  the  part  of 
any  person,  persons,  or  corporation,  and  upon  the  conviction  of  any 
such  person,  persons,  or  corporation  one  half  of  the  fine  provided  for  by 

section of  the  Penal  Code,  which  shall  be  secured,  shall  be  paid, 

upon  Certificate  by  the  District  Attorney,  to  the  Commissioner  of  the 
Bureau  of  Labor  Statistics,  who  shall  use  such  money  in  investigating 
and  securing  information  in  regard  to  the  violation  of  this  section  and 
in  paying  the  expenses  of  such  conviction. 

Section  3249.     A  new  section  to  be  added  to  read  as  follows: 
License  not  to  discriminate  against  California  products. 

Sec.  3249.  No  license  shall  hereafter  be  imposed  upon  any  person 
soliciting  orders  for  the  sale  of  any  article  or  articles  manufactured  or 
produced  in  this  State  which,  under  the  constitution  or  laws  of  the 
United  States,  cannot  be  legally  imposed  upon  a  person  or  persons 
soliciting  orders  in  this  State  for  the  sale  of  a  similar  article  in  a  like 
manner,  made  or  produced  in  any  of  the  states  of  the  United  States. 
This  section  shall,  in  no  manner,  affect  the  right  or  power  of  counties 
or  municipalities  to  impose  licenses  upon  persons  conducting  regular 
places  of  business  therein. 

We  recommend  that  all  of  Chapter  XV,  Title  VII,  being  inoperative 
under  the  Constitution  (Sec.  12,  Art.  XI),  be  replaced  by  the  following 
state  license  tax: 


POLITICAL   CODE.  273 

CHAPTER  XV. 

LICENSES. 

ARTICLE  I. 
CORPORATION   LICENSE    TAX. 

Sec.  3350.  Upon  all  corporations  doing  business  for  profit  in  this 
State,  and  having  a  capital  stock  of  not  more  than  one  hundred  thou- 
sand dollars,  other  than  corporations  organized  under  the  laws  of  this 
State  exclusively  for  the  purpose  of  distributing  water  to  their  stock- 
holders and  members,  and  corporations  organized  under  the  laws  of 
this  State  exclusively  for  the  purpose  of  mining  in  this  State,  there  is 
assessed  an  annual  license  tax  of  one  hundred  dollars,  to  be  paid  to  the 
Treasurer  of  the  county  in  which  such  corporation  or  association  has 
its  office  or  principal  place  of  business;  such  license  to  be  paid  on  or 
before  the  first  day  of  June  of  each  and  every  year,  and  if  not  so  paid 
upon  the  first  day  of  June  in  any  year,  all  acts  of  such  corporations  so 
delinquent  .shall  be  null  and  of  no  effect,  and  such  corporations  shall 
not  further  transact  business  in  this  State. 

Sec.  3351.  Upon  all  corporations  doing  business  for  profit  in  this 
State,  and  having  a  capital  stock  of  more  than  one  hundred  thousand 
dollars,  other  than  corporations  organized  under  the  laws  of  this  State 
exclusively  for  the  purpose  of  distributing  water  to  their  stockholders 
and  members,  and  corporations  organized  under  the  laws  of  this  State 
exclusively  for  the  purpose  of  mining  in  this  State,  there  is  assessed  an 
annual  license  tax  of  two  hundred  dollars,  to  be  paid  to  the  Treasurer" 
of  the  county  in  which  such  corporation  or  association  has  its  office  or 
principal  place  of  business;  such  license  to  be  paid  on  or  before  the 
first  day  of  June  of  each  and  every  year,  and  if  not  so  paid  upon  the 
first  day  of  June  in  any  year,  all  acts  of  such  corporations  so  delinquent 
shall  be  null  and  of  no  effect,  and  such  corporations  shall  not  further 
transact  business  in  this  State. 


ARTICLE  II. 

STATE    EXCISE   LICENSE   TAX. 

Sec  3360.  No  person,  firm,  co-partnership,  association,  or  corpora- 
tion shall,  after  the  first  day  of  May,  eighteen  hundred  and  ninety- 
seven,  sell  or  give  away,  or  engage  in  the  traffic  in,  spirituous,  malt,  or 
vinous  liquor,  to  be  drunk  on  the  premises  where  sold  or  otherwise  dis- 
pensed, without  first  having  paid  to  the  State  of  California,  as  herein 
18— c 


274  PROPOSED   AMENDMENTS    TO   THE 

provided,  an  excise  license  tax  of  three  hundred  dollars,  and  procured 
therefor  an  excise  license  tax  certificate  and  posted  the  same  in  a  con- 
spicuous place  on  the  premises  or  place  where  such  spirituous,  malt,  or 
vinous  liquor  is  thereby  permitted  to  be  sold  or  otherwise  dispensed  for 
the  time  mentioned  in  such  certificate;  provided,  that  no  state  excise 
license  tax  shall  be  required  to  permit  the  giving  away  of  malt  or  vinous 
liquors  upon  the  premises  where  the  same  are  manufactured.  No  excise 
license  tax  certificate,  issued  or  procured  hereunder,  shall  be  authority 
for  any  person  to  sell  or  otherwise  dispense,  or  to  engage  in  the  traffic 
in,  spirituous,  malt,  or  vinous  liquor  in  more  than  one  place  of  business. 

Sec.  3361.  No  license  shall  hereafter  be  granted  or  permission 
given  by  any  county,  city  and  county,  city,  or  town,  or  the  authority 
thereof,  to  any  person,  partnership,  association,  or  corporation,  to  sell  or 
traffic  in  spirituous,  malt,  or  vinous  liquors,  to  be  drunk  on  the  premises 
where  sold,  unless  the  petition  or  application  for  such  license  or  permit 
be  accompanied  by  a  certificate  of  the  County  Treasurer  of  the  county 
in  which  is  located  the  place  where  such  sale  or  traffic  in  spirituous, 
malt,  or  vinous  liquors  is  to  be  conducted,  certifying  that  the  applicant 
or  petitioner  is  a  holder  of  a  state  excise  license  tax  certificate  good  for 
a  period  not  shorter  than  that  for  which  a  license  is  sought  from  such 
local  authority,  or  has  deposited  in  such  county  treasury  the  sum  of 
three  hundred  dollars  for  the  purpose  of  paying  the  state  excise  license 
tax  herein  provided,  and  that  said  deposit  was  accompanied  by  a  state 
excise  license  tax  certificate  issued  by  the  Auditor  of  the  county,  which 
is  to  be  delivered  to  the  applicant  or  petitioner  for  such  license  upon  the 
issuing  of  the  license  petitioned  for  by  such  local  authority.  Every 
license  granted  or  permission  given  by  any  county,  city  and  county, 
city,  or  town,  in  violation  of  the  provisions  of  this  article,  shall  be 
absolutely  void. 

Sec.  3362.  When  the  application  or  petition  for  a  license  to  sell  or 
traffic  in  spirituous,  malt,  or  vinous  liquors,  to  be  drunk  upon  the  prem- 
ises where  sold,  has  been  acted  upon  by  the  authorities  of  a  county,  city 
and  county,  city,  or  town,  authorized  to  grant  such  license,  the  clerk  of 
such  authorities  shall  certify  the  action  taken  by  the  authorities  on  such 
application  for  a  license,  to  the  Treasurer  and  Auditor  of  the  county, 
and  should  the  action  of  such  local  authorities  be  a  refusal  to  grant  any 
license  to  such  applicant  for  the  sale  or  traffic  in  such  liquors  to  be 
drunk  on  the  premises  where  sold  or  otherwise  dispensed,  any  sum 
deposited  by  such  applicant  with  the  County  Treasurer,  in  anticipation 
of  the  granting  of  a  license  to  him  by  such  local  authorities,  shall  be 
returned  to  him.  If  the  action  of  such  local  authorities  be  to  grant 
such  license  to  such  applicant,  then  the  County  Treasurer  shall  retain 
the  sum  deposited  and  deliver  to  the  applicant  the  state  excise  license 


POLITICAL   CODE.  275 

tax  certificate  deposited  with  him  as  provided  by  the  next  preceding 
section. 

Sec.  3363.  Any  person,  partnership,  association,  or  corporation, 
required  to  take  out  a  state  license  as  in  this  chapter  provided,  who 
fails,  neglects,  or  refuses  to  take  out  such  license,  or  who  carries  on  or 
attempts  to  carry  on  any  business  for  the  carrying  on  of  which  a  license 
is  required  by  this  chapter,  without  first  procuring  such  license,  and 
every  person,  officer,  director,  or  employe  of  any  person,  partnership, 
association,  or  corporation  who  carries  on  or  attempts  to  carry  on  the 
business  of  such  person,  partnership,  association,  or  corporation,  with- 
out such  license  having  been  first  taken  out  as  authority  therefor,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
punished  by  a  fine  not  less  than  five  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  less  than  six  months,  or  by  both  such  fine 
and  imprisonment.  Any  judgment  that  a  defendant  pay  a  fine,  may 
also  direct  that  he  be  imprisoned  until  the  fine  be  satisfied,  in  the  pro- 
portion of  one  day's  imprisonment  for  every  two  dollars  of  the  fine. 

Sec.  3364.  The  Treasurer  of  each  county  shall,  on  the  first  day  of 
August  in  each  year,  pay  to  the  State  Treasurer,  at  Sacramento,  through 
the  State  Controller,  as  by  law  provided  in  other  cases,  all  moneys 
collected  up  to  that  date  in  payment  of  corporation  license  tax,  and  of 
state  excise  license  tax,  and  the  State  Controller  and  the  State  Treas- 
urer are  hereby  required  to  receipt  therefor  to  the  County  Treasurer  so 
paying  the  amount  held  by  him. 

Sec.  3365.  All  moneys  received  by  the  County  Treasurer  as  cor- 
poration license  tax  and  as  state  excise  license  tax,  shall  be  held  by 
such  Treasurer  in  a  separate  fund,  to  the  credit  of  the  State  of  Cali- 
fornia, and  such  fund  shall  be  known  as  "The  State  License  Tax  Fund." 
He  shall  keep  a  ledger  account  showing  all  certificates  for  payment  of 
license  tax  issued  to  him  by  the  Auditor,  all  certificates  returned  by 
him  for  any  reason,  and  the  amount  of  moneys  received  as  corporation 
license  tax  and  as  state  excise  license  tax,  and  he  shall  certify  to  the 
State  Controller,  on  the  first  day  of  each  month,  the  amount  of  such 
license  tax  held  by  him. 

Sec.  3366.  It  is  hereby  made  the  duty  of  each  County  Auditor  to 
affix  his  official  seal  to,  and  sign,  all  certificates  of.  payment  of  corpora- 
tion tax,  or  of  state  excise  license  tax,  and  deliver  them  to  the  County 
Treasurer  when  requested  so  to  do,  and  to  charge  him  therewith  in  a 
book  to  be  kept  for  such  purpose.  He  shall  also  keep  in  his  office  the 
stubs  of  all  certificates  by  him  delivered  to  the  County  Treasurer,  and 
his  account  shall  show  all  state  excise  license  tax  certificates  delivered 
by  him  and  all  such  certificates  returned  to  him. 


276  PROPOSED    AMENDMENTS   TO   THE 

Sec.  3367.  The  State  Controller  shall  have  printed  suitable  certifi- 
cates of  payment  of  the  state  excise  license  and  corporation  license 
tax,  and  shall  furnish  such  certificates  to  the  Auditors  of  the  several 
counties  of  the  State  for  the  purposes  herein  provided.  Such  certificates 
shall  be  made  in  book  form,  with  a  stub  attached,  which  stub  shall  be 
firmly  bound  in  said  book,  and  shall  show  in  detail  all  facts  stated  in 
the  certificate,  particularly  the  county  in  which  the  tax  is  paid,  the 
person,  partnership,  association,  or  corporation  to  whom  the  license  is 
issued,  the  place  where  the  business  is  located  for  which  such  license  is 
granted,  described  by  street  number  or  other  accurate  description.  It 
is  hereby  made  the  duty  of  every  County  Auditor  in  this  State,  to  receive 
such  excise  license  tax  and  corporation  license  tax  books,  and  to  fill  out 
such  license  tax  certificates  when  informed  by  the  County  Treasurer  of 
his  county  that  the  sum  required  to  pay  such  license  tax  has  been  depos- 
ited with  him  for  the  said  license  tax.  And  when  such  license  tax  certifi- 
cate is  issued  by  the  Auditor  to  the  Treasurer,  the  Treasurer  shall  receipt 
for  the  same  upon  the  stub  from  which  such  license  tax  certificate  was 
taken.  It  is  made  the  duty  of  every  County  Treasurer  to  receive  the 
excise  license  tax  herein  provided  for,  and  to  notify  the  Auditor  that 
the  sum  necessary  to  pay  the  license  tax  has  been  deposited  with  him; 
to  accept  from  said  Auditor  the  state  excise  license  tax  and  corporation 
license  tax  certificates,  and  receipt  for  the  same  to  the  Auditor,  on  the 
stub;  and  when  an  excise  license  tax  certificate  is  to  be  returned  for 
failure  of  the  local  authorities  to  grant  the  license  petitioned  for,  the 
Treasurer  shall  indorse  upon  the  face  thereof,  "  Returned  for  failure  of 
the  authorities  to  grant  license,"  sign  his  name  thereto,  and  return  the 
same  so  indorsed  and  signed  to  the  County  Auditor.  The  County  Audi- 
tor shall  certify  to  the  State  Controller,  upon  the  first  day  of  each 
month,  all  corporation  license  tax  and  all  excise  license  tax  certificates 
issued  by  him  during  the  preceding  month,  and  a  statement  of  all  excise 
license  tax  certificates  that  have  been  returned  to  him  by  the  Treasurer 
on  account  of  the  action  of  the  local  authorities  in  refusing  to  grant  the 
license.  All  license  tax  certificates,  when  issued  by  the  Controller,  shall 
be  properly  numbered,  and  charged  to  the  County  Auditor  to  whom 
they  are  sent,  and  such  Auditor  shall  receipt  for  the  same.  The  Con- 
troller shall  open  a  proper  account  with  each  County  Auditor  in  the 
State,  wherein  shall  be  shown  all  state  excise  license  tax  and  corpora- 
tion tax  certificates  issued,  the  amounts  collected  therefor,  to  whom  each 
is  issued,  and  the  location  of  the  place  of  business  where  the  traffic  in 
liquor  is  carried  on,  described  by  street  number  or  other  accurate 
description,  and  the  principal  place  of  business  of  the  corporation 
paying  such  license. 

Note.— It  is  the  intention  to  provide  a  part  of  the  revenue  of  the  State  from  the 
licensing  of  liquor  without  diminishing  or  affecting  the  rights  of  counties,  cities 
or  towns  to  control  that  matter,  as  provided  by  Section  11,  Article  XI,  of  the  Con- 


POLITICAL   CODE.  277 

stitution,  and  without  entering  into  the  domain  of  local  government  as  indi- 
cated by  the  general  tendency  of  our  laws.  It  is,  however,  a  question  that  has 
been  brought  home  to  the  taxpayers  of  the  country  that  very  much  of  the  burden 
of  taxes  required  for  the  maintenance  of  State  prisons,  asylums,  and  industrial 
schools,  and  for  the  care  of  paupers,  indigents,  and  inebriates,  is  the  result  of  the 
liquor  traffic,  and  that  the  entire  license  imposed  upon  the  traffic  never  finds  its 
way  into  the  channels  tending  to  relieve  the  taxpayer  at  large,  but  is  applied  to 
the  maintenance  of  streets,  local  improvements,  and  the  expenses  of  the  govern- 
ment of  cities  and  towns  without  in  any  way  tending  to  relieve  the  burden 
imposed  upon  outlying  taxable  property  by  reason  of  the  existence  of  this  traffic 
While  not  intending  to  harass  the  traffic  where  it  is  the  intention  or  wish  of  the 
authorities  to  grant  licenses  for  its  sale  and  distribution,  and  with  no  desire  to 
enter  the  local  domain  for  the  purpose  of  legislating  for  or  against  the  traffic,  it  is 
sought  to  provide  that,  if  the  license  is  to  be  granted,  some  portion  of  the  amount  paid 
shall  be  applied  directly  under  the  law  to  the  discharge  of  the  burden  incurred  by 
reason  of  such  licensing. 

TITLE   VIII. 

PROPERTY    OF  THE    STATE. 

Section  3547.     To  be  amended  to  read  as  follows: 

Sec.  3547.  Upon  receipt  of  the  delinquent  list  the  District  Attorney 
must  add  thereto  a  notice  that  if  the  amount  due  is  not  paid  in  fifty 
days  after  the  date  thereof,  he  will  commence  suit  to  foreclose  the 
interest  of  the  purchasers  in  the  lands,  and  must  publish  the  list  and 
notice  once  a  week  for  five  weeks,  being  five  publications,  in  a  daily  or 
weekly  newspaper  published  in  the  county,  or  if  there  is  no  newspaper 
published  therein  then  he  must  post  copies  of  the  same  in  at  least  five 
public  places  in  the  county.  He  shall  also  file  a  copy  of  such  notice  with 
the  County  Treasurer,  and  shall  notify  him  of  the  amount  of  costs 
incurred,  and  from  time  to  time,  as  fast  as  additional  costs  are  incurred, 
he  shall  notify  him  of  the  character  and  amount  thereof. 

Note.— The  amendment  provides  for  notice  to  the  Treasurer  of  all  costs  incurred, 
which  will  enable  that  official  to  include  the  same  in  any  settlement  he  may  make 
with  the  delinquent. 

Section  3549.     To  be  amended  to  read  as  follows: 

Sec.  3549.  Service  of  the  summons  must  be  made  upon  the  defendant 
personally  where  such  service  can  be  had.  Where  personal  service  can- 
not be  had  the  District  Attorney  must  apply  to  the  court,  as  provided  for 
in  section  four  hundred  and  twelve  of  the  Code  of  Civil  Procedure,  for 
an  order  for  the  publication  of  such  summons,  and  after  such  order  has 
been  obtained,  the  District  Attorney  must  make  service  thereof  by  pub- 
lication by  publishing  the  same  in  some  newspaper  published  in  the 
county  once  a  week  for  five  weeks,  being  five  publications,  or  if  no  news- 
paper is  published  in  the  county,  then  by  posting  one  copy  of  the  sum- 


278  PROPOSED   AMENDMENTS   TO   THE 

mons  for  four  weeks  at  the  court-house  door  of  the  county,  and  two 

copies  in  public  places  in  the  township  where  the  land  is  situated. 

Note. — The  amendment  makes  definite  the  publication  necessary  and  provides 
directly  for  the  order  of  publication  of  summons  necessary  to  the  validity  of  the 
judgment,  which  order  in  a  large  number  of  cases  heretofore  brought  has  not  been 
applied  for  or  obtained. 

Section  3553.     To  be  amended  to  read  as  follows: 
Sec.  3553.     The  fees  and  costs  for  the  publications,  proceedings,  and 
services  provided  for  herein  shall  be  as  follows: 

1.  For  printing  delinquent  list  and  notice,  where  such  list  contains 
not  more  than  ten  names,  the  publisher  shall  be  paid  five  dollars  per 
name;  where  such  list  contains  more  than  ten  and  less  than  twenty 
names,  he  shall  be  paid  four  dollars  per  name;  and  where  the  notice 
contains  twenty  or  more  names,  he  shall  be  paid  three  dollars  per 
name; 

2.  For  publication  of  each  summons,  twenty  dollars; 

3.  The  County  Recorder  shall  be  paid  twenty-five  cents  for  filing 
each  judgment,  and  twenty-five  cents  for  issuing  his  certificate  of  such 
filing; 

4.  The  District  Attorney  shall  receive  ten  dollars  for  each  suit 
brought. 

If  the  District  Attorney  cannot  procure  the  publication  in  this  article 

provided  for,  for  the  sum  above  provided  for,  he  shall  report  the  same 

to  the  State  Board  of  Examiners,  who  are  authorized  to  make  a  contract 

for  such  publication,  and  pay  therefor  such  sum  as  may  be  necessary. 

Note. — By  establishing  definite  fees,  the  exorbitant  charges  heretofore  made  in 
many  instances  are  sought  to  be  avoided. 

Section  3554.     To  be  amended  to  read  as  follows: 

Sec.  3554.     In  all  cases  where  the  title  of  purchasers  of  land  from  the 

State  has  been  foreclosed,  or  attempted  to  be  foreclosed,  or  that  may 

hereafter  be  foreclosed,  for  non-payment  of  interest,  said  purchasers, 

their  executors,  administrators,  or   successors   in   interest,  shall   have 

twelve   months   after   said   foreclosures   are  or  have   been   completed, 

within  which  to  redeem  such  land  by  paying  to  the  County  Treasurer, 

for  the  benefit  of  the  fund,  or  parties  entitled  thereto,  all  delinquent 

interest,  and  interest  that  would  have  accrued  in  case  there  would  have 

been  no  foreclosure,  also,  all  costs  of  foreclosure,  to  be  paid  to  the  fund, 

or  the  parties  who  paid  said  costs.     When  said  payments  are  made,  and 

indorsed  on  the  certificate  of  purchase,  specifying  the  amount  paid  as 

interest  and  for  costs,  and  duly  reported  to  the  register  of  the  land 

office,  the  annulments  shall  be  canceled  by  said  officer,  and  the  rights 

of  the  purchasers  shall  thereby  be  fully  restored. 

Note.— Section  3554,  as  it  now  exists,  is  dropped,  and  the  Act  of  March  7,  1881 
(Stats.  1881,  page  65),  is  substituted. 


POLITICAL   CODE.  279 

Section  3555.     To  be  amended  to  read  as  follows: 

Sec.  3555.  Upon  the  rendition  of  a  judgment  foreclosing  the  interest 
of  the  purchaser,  or  of  his  assigns,  in  the  land,  and  annulling  the  certifi- 
cate of  purchase,  judgment  for  costs  must  be  entered  against  the 
defendant;  but  if  execution  issued  thereon  is  returned  not  satisfied,  the 
judgment  and  costs  must  be  paid  from  the  principal  or  interest  paid  by 
the  purchaser,  and  if  such  payments  so  made  by  him  are  not  sufficient 
in  amount  to  pay  such  costs,  the  balance  thereof  shall  be  paid  from  the 
general  fund  of  the  State. 

Note.— The  fund  for  the  payment  of  foreclosure  proceedings  is  increased  from 
the  amount  paid  at  the  time  of  the  original  entry,  to  include  all  sums  paid  by  the 
delinquent.  In  case  this  sum  should  prove  insufficient  the  creditor  is  then  given 
recourse  to  the  general  fund,  thus  insuring  the  payment  of  his  claim. 

Section  3557.     A  new  section  to  be  added  to  read  as  follows: 
Failure  to  pay  works  forfeiture. 

Sec.  3557.  Any  person  who  hereafter  enters  or  purchases  any  of  the 
public  lands  of  this  State,  or  who  contracts  for  the  purchase  thereof,  or 
who  has  a  certificate  of  purchase  therefor  issued  to  him,  who  shall,  for 
the  period  of  three  years,  fail  to  make  the  payments  thereon  required-  by 
law,  shall  forfeit  all  his  right,  title,  and  interest  in  and  to  said  land, 
and  shall  forfeit  all  sums  paid  on  account  of  the  principal  or  interest  of 
the  purchase  price  thereof.  At  the  expiration  of  three  years  from  the  time 
when  any  such  sum  became  due,  and  which  shall  not  have  been  paid, 
the  register  of  the  land  office  shall  cancel  the  entry  of  such  person 
upon  his  books,  and  thereafter  such  land  shall  be  subject  to  reentry  and 
sale. 

Note.— This  section  is  designed  to  dispense  with  the  present  vexatious  and 
expensive  method  of  foreclosing  the  claims  of  delinquent  purchasers. 

TITLE    IX. 

revenue. 

CHAPTER  I. 

PROPERTY    LIABLE    TO   TAXATION. 

Section  3608.     To  be  amended  to  read  as  follows: 

Sec.  3608.  Each  person,  firm,  or  corporation  owning  or  having  in  his 
or  its  possession  any  shares  of  capital  stock  of  any  corporation,  associa- 
tion, or  joint-stock  company,  shall  be  assessed  therefor.  If  the  cor- 
poration, association,  or  joint-stock  company  has  its  principal  place  of 
business  in  this  State,  the  assessable  value  of  each  share  of  its  stock 
shall  be  ascertained  by  taking  from  the  value  of  its  entire  capital  stock 


280  PROPOSED   AMENDMENTS   TO   THE 

the  value  of  all  the  property  assessed  to  such  corporation,  association,  or 
joint-stock  company,  and  dividing  the  remainder  by  the  entire  number 
of  shares  into  which  its  capital  stock  is  divided.  The  owner  or  holder 
of  the  capital  stock  in  corporations,  associations,  or  joint-stock  com- 
panies, organized  and  existing  under  the  laws  of  this  State  or  of  the 
United  States,  and  whose  principal  place  of  business  is  situated  within 
this  State,  shall  be  assessed  for  such  capital  stock  in  the  county,  city 
and  county,  city,  or  town  where  such  principal  place  of  business  in  this 
State  is  located,  and  not  elsewhere.  The  owner  or  holder  of  capital 
stock  in  corporations,  associations,  or  joint-stock  companies,  organized 
under  the  laws  of  this  State,  and  whose  principal  place  of  business  is 
not  within  this  State,  must  be  individually  assessed  for  such  stock  in 
the  county  in  which  said  owner  or  holder  of  stock  resides.  The  owner 
of  shares  of  stock,  to  be  entitled  to  the  deduction  provided  for  in  this 
section,  must  produce  to  the  County  Assessor  a  certificate  of  the  assess- 
ment of  the  property  of  the  corporation,  association,  or  joint-stock 
company,  when  such  property  is  situated  in  a  county  other  than 
that  in  which  the  stock  is  assessable. 

Note.— This  section  should  be  repealed,  if  not  amended  as  herein  suggested. 
The  statement  made  by  the  first  sentence  is  a  species  of  subtle  reasoning  which, 
while  it  is  true,  has  no  relation  to  and  cannot  be  made  the  basis  for  a  law,  as 
declared  in  the  second  sentence  of  this  section.  It  is  true  that  to  assess  all  the 
property  of  a  corporation,  and  also  its  shares  of  stock,  at  their  market  value, 
without  deducting  from  the  value  of  such  shares  the  value  of  the  corporate  prop- 
erty assessed,  would  be  double  taxation,  but  it  does  not  follow  because  that  is 
so  that  no  assessment  should  be  made  of  the  shares  of  stock  of  corporations,  if 
they  have  any  value  over  and  above  that  given  to  them  by  the  tangible  property 
owned  by  the  corporation.  It  has  been  uniformly  held  in  the  case  of  water  com- 
panies which  supply  cities  that  the  property  of  such  companies  subject  to  taxation 
includes  their  real  estate,  personal  property,  and  their  franchises,  and  that  the 
true  measure  of  the  value  of  the  franchises  is  the  market  value  of  all  of  the  stock 
of  the  corporation,  less  the  value  of  its  real  estate  and  all  other  property  except 
the  franchise.  Therefore,  the  true  method  of  assessment  is  to  assess  all  tangible 
property  of  a  corporation  to  such  corporation,  and  the  value  of  the  franchise, 
which  may  be  fluctuating,  dependent  upon  the  earnings  of  the  corporation,  to  the 
capital  stock  as  a  whole. 

Corporations  may  be  assessed  either  by  assessing  their  corporate  property, 
including  their  franchises,  or  by  assessing  their  capital  stock,  or  by  assessing  a 
part  of  their  corporate  property,  and  the  remainder  of  the  taxable  value  to  be 
assessed  against  them  upon  their  capital  stock.  Since  such  capital  stock  has  no 
value,  except  as  the  representative,  in  whole  or  in  part,  of  such  corporative  prop- 
erty, the  taxation  of  the  whole  of  such  stock  and  property  at  the  same  time  would 
be  double  taxation  ;  therefore,  either  a  part  of  one  and  a  part  of  the  other  may 
be  assessed  and  taxed  at  the  same  time,  provided  that  the  total  valuation  assessed 
■  and  taxed  against  such  corporation  and  the  holders  of  its  capital  stock  shall  in 
all  cases  equal  the  value  of  its  capital  stock,  including  its  corporate  and  other 
franchises.  This  section,  as  now  in  the  Code,  is  in  violation  of  the  Constitution 
(Section  1,  Article  XIII),  which  provides  that  stock  is  property.  It  is  also  in 
violation  of  the  spirit  of  our  laws,  for  by  it  is  prevented  the  payment  of  their  just 
taxes  by  national  banks ;  the  statutes  of  the  United  States  requiring  as  follows : 
"  Nothing  therein  shall  prevent  the  assessment  of  shares  of  stock  to  their  owners 
under  State  law,"  subject  to  two  restrictions:  (1)  "Taxation  shall  not  be  greater 


POLITICAL   CODE.  281 

than  is  assessed  upon  the  money  capital  in  the  hands  of  individual  citizens  of  the 
State,  and  shares  of  stock  of  non-residents  of  the  State  shall  be  taxed  in  the  city 
and  town  where  the  bank  is  situated,  but  not  elsewhere."  The  United  States  laws 
provide  that  the  real  property  of  national  banks  shall  be  assessed  to  the  corpora- 
tion, and  stock  to  the  stockholders,  under  the  restrictions  above  mentioned. 

In  the  amendment  presented  we  have  sought  to  overcome  all  obstacles  apparent 
in  the  present  revenue  laws  to  the  equitable  assessment  of  all  corporations  and 
of  the  property  of  individuals. 

The  present  Section  3608,  as  it  now  stands,  and  the  deduction  of  credits,  or 
solvent  credits,  make  it  impossible  to  assess  national  banks.  Of  the  deduction  of 
credits  we  speak  in  Section  3641.  We  present  an  amendment  to  Section  3608,  which 
we  think  provides  fully,  as  far  as  the  same  may  be  done  under  our  present  Con- 
•  stitution,  for  the  assessment  of  the  property  and  stock  of  corporations,  including 
national  banks. 

Section  3609.  A  new  section  to  be  added  to  read  as  follows: 
Sec.  3609.  Every  association  or  corporation  organized  under  the  laws 
of  any  other  State,  or  of  any  country  foreign  to  the  United  States,  and 
doing  business  in  this  State,  as  a  bank,  banking  association,  or  banking 
corporation,  shall  be  assessed  and  taxed  as  are  like  associations  or 
corporations  existing  under  the  laws  of  this  State. 

Section  3610.  A  new  section  to  be  added  to  read  as  follows: 
Sec.  3610.  Every  association  or  corporation,  other  than  banking 
associations  or  banking  corporations,  existing  under  the  laws  of  other 
States,  or  of  countries  foreign  to  the  United  States,  doing  business  in 
this  State,  shall  be  assessed  on  the  full  number  of  shares  of  the  capital 
stock  of  such  association  or  corporation.  For  the  purpose  of  assess- 
ment and  taxation  in  this  State,  the  value  of  the  capital  stock  of  such 
association  or  corporation  shall  be  determined  by  the  gross  receipts  or 
earnings  of  such  association  or  corporation  on  the  business  transacted 
in  this  State  for  the  year  next  preceding  the  first  Monday  in  March,  the 
basis  of  value  being  the  value  of  a  franchise  held  by  a  like  association 
or  corporation  existing  under  the  laws  of  this  State,  and  making  like 
earnings.  The  tax  levied  on  the  corporation's  capital  stock,  on  the 
assessment  herein  provided,  shall  be  paid  by  such  corporation  as  per- 
sonal property  taxes  are  paid  in  the  county  where  the  principal  place 
of  business  of  such  association  or  corporation  is  located. 

CHAPTER  II. 

definitions  of  terms. 
Sec.  3617.    Whenever  the  terms  mentioned  in  this  section  are  employed 
in  this  Code,  they  are  employed  in  the  sense  hereinafter  affixed  to  them, 

to  wit: 

First— The  term  "  property  "  includes  moneys,  credits,  bonds,  stocks, 
dues,  franchises,  and  all  other  matters  and  things,  real,  personal,  and 
mixed,  capable  of  private  ownership. 


282  PROPOSED   AMENDMENTS    TO   THE 

Second — The  term  "real  estate"  includes: 

1.  The  possession  of,  claim  to,  ownership  of,  or  right  to  the  possession 
of,  land; 

2.  All  mines,  minerals,  and  quarries  in  and  under  the  land; 

3.  All  timber  belonging  to  individuals,  partnerships,  associations,  or 
corporations,  growing  or  being  on  the  lands  of  the  United  States,  and 
all  rights  and  privileges  appertaining  thereto,  and  interests  therein; 

4.  A  mortgage,  deed  of  trust,  contract,  or  other  obligation  by  which  a 
debt  is  secured,  wherein  land  is  pledged  for  the  payment  or  discharge 
thereof,  shall,  for  the  purposes  of  assessment  and  taxation,  be  deemed 
and  treated  as  an  interest  in  the  land  so  pledged; 

5.  Improvements. 

Third — The  term  "improvements"  includes: 

1.  All  buildings,  fences,  and  other  structures,  except  telegraph  and 
telephone  lines,  erected  upon,  built,  made,  or  placed  in,  or  affixed  to,  the 
land; 

2.  All  fruit  trees,  nut-bearing  trees,  and  ornamental  trees  and  vines 
not  of  natural  growth;  but  fruit  and  nut-bearing  trees,  while  under  four 
years  of  age  from  the  time  of  planting  in  orchard  form,  and  grape-vines, 
while  under  three  years  of  age  from  the  time  of  planting  in  vineyard 
form,  are  exempt  from  taxation. 

Fourth — The  term  "personal  property"  includes  everything  which  is 
capable  of  private  ownership,  not  included  within  the  meaning  of  the 
terms  "real  estate"  and  "improvements." 

Fifth— The  terms  "value,"  "actual  value,"  "full  value,"  and  "full 
cash  value"  mean  the  amount  at  which  property  would  be  taken  in 
payment  of  a  just  debt  due  from  a  solvent  debtor. 

Sixth — The  term  "credits"  means  all  debts  not  secured  by  mort- 
gage, deed  of  trust,  or  other  lien  on  real  or  personal  property,  due  or 
owing  to  the  person,  firm,  corporation,  or  association  assessed. 

Seventh — The  term  "debts"  means  all  liabilities  of  whatsoever  kind, 
which  are  unsecured  by  deed  of  trust,  mortgage,  or  other  lien  on  real  or 
personal  property,  due  or  owing  to  any  person,  firm,  corporation,  or 
association,  and  subject  to  be  assessed  in  this  State  as  credits  to  any 
person,  firm,  corporation,  or  association;  but  credits,  claims,  rights,  and 
demands  due,  owing,  or  accruing  to  any  person,  for  or  on  account  of 
money  deposited  with  savings  and  loan  institutions  or  corporations, 
shall,  for  the  purposes  of  taxation,  be  deemed  and  treated  as  a  part  of, 
and  as  represented  in,  the  property  of  such  institution  or  corporation, 
and  shall,  when  the  property  of  such  institution  or  corporation  is 
assessed  and  taxed,  be  deemed  thereby  assessed  and  taxed,  and,  to  avoid 
double  taxation,  shall  not  be  assessed  or  taxed  to  such  person  owning  or 
claiming  them. 


POLITICAL   CODE.  283 

Eighth — A  ferry-boat  is  a  vessel  traversing  across  any  of  the  waters 
of  the  State,  between  two  points,  employed  for  the  transfer  of  passen- 
gers or  freight,  authorized  or  permitted  by  law  so  to  do,  and  also  any 
boat  employed  as  a  part  of  the  system  of  a  railroad  for  the  transfer  of 
passengers  or  freight,  and  plying  between  two  points. 

Notes.— Under  "  Second— 2  "  two  subjects,  mines  and  timber,  were  treated,  and  it 
has  accordingly  been  again  subdivided. 

Under  "Third— 2"  young  fruit  trees  and  vines  are  made  exempt  from  taxation 
in  the  new  "section,  instead  of  being  treated  as  not  being  improvements,  as  in  the 
old  section.  They  are,  in  fact,  improvements,  but  are  exempted  from  taxation  by 
Section  12%,  Article  XIII,  Constitution. 

Under  "Fourth,"  "capable"  is  substituted  for  "subject,"  to  make  the  language 
conform  exactly  to  Section  1,  Article  XIII,  Constitution. 

Under  "  Fifth,"  other  equivalents  of  value  and  full  cash  value,  which  are  used  in 
the  Constitution  and  statutes,  are  inserted. 

Under  "  Sixth,"  material  changes  are  made.  It  is  "  credits,"  not  merely  "  solvent 
credits,"  that  are  taxable  by  Section  1,  Article  XIII,  Constitution. 

A  corresponding  change  is  made  in  the  section  requiring  the  assessed  to  make  a 
statement  or  return  to  the  Assessor.  The  purpose  of  this  change  is  to  leave  no 
discretion  to  the  assessed  as  to  what  credits  he  will  return.  If  he  be  instructed  to 
return  solvent  credits,  a  discretion  is  left  to  him  as  to  what  credits  are  solvent; 
but  if  the  requirement  of  the  statute  be  that  he  shall  return  all  credits,  then  his 
duty  is  made  simple,  and  purely  ministerial,  and  he  can  hardly  make  a  mistake. 
The  value  of  these  credits  will  depend  upon  the  degree  of  their  solvency,  and  will 
vary,  according  to  their  character,  from  the  amount  represented  on  their  face  to 
nothing.  But  the  Assessor,  and  not  the  assessed,  is  made  by  law  the  judge  of 
the  assessable  value;  that  is  to  say,  of  the  degree  of  solvency  of  credits. 

Under  "Seventh,"  the  definition  of  " debts  "  has  been  changed  so  as  to  make  it 
the  exact  opposite  of  "credits."  The  rule  allowing  a  deduction  of  debts  due 
bona  fide  residents  of  this  State  from  credits  is  abrogated  in  this  revision,  and, 
therefore,  the  only  purpose  of  considering  debts  in  making  assessment  under  the 
theory  here  adopted,  is  to  secure  a  check  upon  the  credits  returned.  The  credits 
returned  by  all  the  creditors  ought  to  equal  the  debts  returned  by  all  the  debtors. 

In  the  old  text  it  was  stated,  the  deposits  in  savings  banks  should  be  deemed  an 
interest  in  the  property  of  the  bank.  On  this  theory  they  ought  to  be  taxed. 
This  phraseology  has  been  so  changed  as  to  cause  them  to  be  deemed  a  part  of  the 
property  of  the  bank,  and  thus  taxable  as  such  only. 

"  Eighth  "  is  a  part  of  Section  3643  in  the  old  text,  brought  here  among  the  other 
definitions.  The  language  of  this  definition  as  it  stood  in  Section  3643  contained 
so  many  limiting  terms  as  to  render  it  subject  to  be  almost  entirely  construed 
away.  These  have  been  omitted  so  as  to  leave  it  general,  and  of  more  practical 
value. 

In  the  following  arrangement  it  is  sought  to  put  each  subject  under 
the  proper  head  with  reference  to  the  subject  treated,  without  regard  to 
the  position  now  held  as  to  number  of  section : 


284  PROPOSED   AMENDMENTS   TO   THE 


CHAPTER  III. 


Article      I.    Assessment  of  property. 
Article    II.    Duties  of  Assessor. 
Article  III.    Powers  of  Assessor. 


ARTICLE  I. 


ASSESSMENT    OF   PROPERTY. 


Section  3620.     New  section. 

Sec.  3620.     All  taxable  property  shall  be  assessed  at  its  full  cash  value. 
Note.— Taken  from  Section  3627. 

Section  3621.     New  section. 

Sec.  3621.  Every  mortgage,  deed  of  trust,  contract,  or  other  obliga- 
tion by  which  a  debt  is  secured,  shall,  for  the  purposes  of  assessment  and 
taxation,  be  deemed,  and  shall  be,  assessed  at  its  full  face  value;  provided, 
that  reduction  therefrom  may  be  made  of  any  payment  or  payments 
made  thereon  by  the  debtor  prior  to  the  first  Monday  in  March,  at 
twelve  o'clock  meridian,  if  notice  of  such  payment,  in  writing,  shall 
have  been  filed  with  the  Assessor,  by  the  mortgagee,  or  other  person 
owning  such  security,  prior  to  the  assessment  thereof. 

Note. — Taken  from  Section  3627— constructed  to  provide  that  no  reduction  from 
face  value  shall  be  made  except  on  notice  of  payment. 

Sec.  3622.  All  lawful  money  of  the  United  States  has  value  equal  to, 
and  shall  be  assessed  at,  the  actual  amount  thereof. 

Sec.  3623.  Land,  and  the  improvements  thereon,  shall  be  separately 
assessed.  Cultivated  and  uncultivated  land,  of  the  same  quality,  and 
similarly  situated,  shall  be  assessed  at  the  same  value.  Land  shall  be 
assessed  in  parcels,  or  subdivisions,  not  exceeding  six  hundred  and  forty 
acres  each;  lands  which  have  been  sectionized  by  the  United  States 
government  shall  be  assessed,  by  accurate  description,  by  sections,  or 
fractions  of  sections;  and  lands  which  have  not  been  so  sectionized,  or 
which  do  not  conform  to  the  boundaries  of  regular  government  subdi- 
visions, shall  be  assessed  in  tracts  containing  not  more  than  six  hun- 
dred and  forty  acres,  and  shall  be  described  by  accurate  description  by 
metes  and  bounds.  Lands  sold  by  the  State,  for  which  no  patent  has 
been  issued,  shall  be  assessed  the  same  as  other  lands,  but  the  owner 
shall  be  entitled  to  a  reduction  from  such  assessed  valuation  in  the 
amount  due  the  State  as  principal  upon  the  purchase  price.  A  mort- 
gage, deed  of  trust,  contract,  or  other  obligation  by  which  a  debt  is 
secured,  shall,  for  the  purposes  of  assessment  and  taxation,  be  deemed 
and  treated  as  an  interest  in  the  property  affected  thereby.     Except  as 


POLITICAL   CODE.  285 

to  railroads,  and  other  quasi-public  corporations,  in  case  of  debts  so 
secured,  the  value  of  the  property  affected  by  such  mortgage,  deed  of 
trust,  contract,  or  other  obligation,  less  the  value  of  such  security,  shall 
be  assessed  and  taxed  to  the  owner  of  the  property,  and  the  value  of 
such  security  shall  be  assessed  and  taxed  to  the  owner  thereof,  in  the 
county,  city,  or  district  in  which  the  property  affected  thereby  is  situ- 
ated. The  taxes  so  levied  shall  be  a  lien  upon  the  property  and  security, 
and  may  be  paid  by  either  party  to  such  security;  if  paid  by  the  owner 
of  the  security,  the  tax  so  levied  upon  the  property  affected  thereby 
shall  become  a  part  of  the  debt  so  secured.  If  the  owner  of  the  prop- 
erty shall  pay  the  tax  so  levied  on  such  security,  it  shall  constitute  a 
payment  thereon,  and,  to  the  extent  of  such  payment,  a  full  discharge 
thereof.  If  any  such  security  or  indebtedness  shall  be  paid  by  any 
such  debtor  or  debtors  after  assessment,  and  before  the  tax  thereon 
shall  have  been  levied  and  become  payable,  the  amount  of  such  levy 
may  likewise  be  retained  by  such  debtor  or  debtors,  and  shall  be  com- 
puted according  to  the  tax  levy  for  the  preceding  year;  unless  the  new 
levy  shall  already  have  been  made;  in  which  case  such  amount  shall  be 
computed  and  retained  according  to  such  new  levy.  And  every  contract 
by  which  a  debtor  is  obliged  to  pay  any  tax  or  assessment  on  money 
loaned,  or  on  an^  mortgage,  deed  of  trust,  or  other  lien,  shall,  as  to  any 
interest  specified  therein,  and  as  to  such  tax  or  assessment,  be  null  and 
void. 

Sec.  3624.  All  personal  property  consigned  for  sale  to  any  person 
within  this  State,  from  any  place  outside  of  this  State,  must  be  assessed 
and  taxed  in  like  manner  as  other  property. 

Sec.  3625.  Where  ferries  connect  more  than  one  county,  the  wharves, 
storehouses,  and  all  stationary  property  belonging  to  or  connected  with 
such  ferries,  must  be  assessed,  and  the  taxes  paid,  in  the  county  where 
located.  The  value  of  the  franchise,  and  watercraft,  and  of  all  toll 
bridges  connecting  more  than  one  county,  must  be  assessed  in  equal 
proportions  in  the  counties  connected  by  such  ferries,  or  toll  bridges. 
All  vessels,  except  ferry-boats,  which  may  be  registered,  of  every  class 
which  are  by  law  required  to  be  registered,  must  be  assessed,  and  the 
taxes  thereon  paid,  only  in  the  county,  or  city  and  county,  where  the 
same  are  registered,  enrolled,  or  licensed.  Vessels  registered,  licensed, 
or  enrolled  out  of,  and  plying  in  whole  or  in  part  in  the  waters  of  this 
State,  must  be  assessed  in  this  State,  in  the  county,  or  city  and  county, 
in  which  the  owner  or  part  owner  thereof  resides;  and  all  boats  and 
small  craft  not  required  to  be  registered  must  be  assessed  in  the  county, 
or  city  and  county,  in  which  the  owner  or  part  owner  thereof  resides; 
provided,  that  all  vessels,  boats,  and  craft  required  to  be  assessed  in  the 
county,  or  city  and  county,   where  the  owner  or  part  owner   thereof 


286  PROPOSED    AMENDMENTS    TO   THE 

resides,  shall  be  assessed  in  each  such  county,  or  city  and  county,  to 
the  extent,  but  only  to  the  extent,  of  the  value  of  the  interest  of  such 
owner  or  part  owner  therein. 

Sec.  3626.  The  right  to  collect  compensation  for  all  water  appro- 
priated or  held  by  any  person,  co-partnership,  or  corporation,  for  sale, 
rental,  or  distribution,  for  the  use  of  which  compensation  is  collected  of 
any  county,  city  and  county,  city,  or  town,  or  the  inhabitants  thereof, 
shall  be  assessed  as  a  franchise.  Water  ditches  constructed  for  mining, 
manufacturing,  or  irrigating  purposes  must  be  assessed  and  described 
the  same  as  real  estate,  by  the  Assessor  of  the  county,  at  a  rate  per  mile 
for  such  portion  of  such  property  as  lies  within  his  county. 

Sec.  3627.  All  telegraph  and  telephone  lines  shall  be  described  in 
the  same  manner  as  real  estate  is  described,  but  assessed  as  personal 
property,  by  the  Assessor  of  the  county,  at  a  rate  per  mile  for  such  por- 
tion of  such  property  as  lies  within  his  county.  The  box,  transmitters, 
and  appliances  of  all  telephone  lines  installed  in  buildings,  or  places  of 
any  kind,  for  which  compensation  is  collected,  shall  be  assessed  as  here- 
inafter provided.  The  right  to  collect  toll  by  wagon  and  turnpike 
roads  shall  be  assessed  as  a  franchise  at  a  rate  per  mile^for  such  portion 
of  such  property  as  lies  in  the  county. 

Sec.  3628.  The  franchise,  roadway,  roadbed,  rails,  and  rolling-stock 
of  all  railroads  operated  in  more  than  one  county  in  this  State,  shall  be 
assessed  by  the  State  Board  of  Equalization,  as  hereinafter  provided  for. 
Other  franchises,  if  granted  by  the  authorities  of  a  county,  city,  or 
city  and  county,  must  be  assessed  in  the  county,  city,  or  city  and  county 
within  which  they  were  granted;  if  granted  by  any  other  authority, 
they  must  be  assessed  in  the  county  in  which  the  corporations,  firms,  or 
persons  owning  or  holding  them  have  their  principal  place  of  business. 
All  corporations  doing  business  in  this  State,  both  those  organized 
under  the  laws  of  this  State,  and  those  organized  under  the  laws  of 
other  states  and  of  foreign  countries,  shall  pay  to  the  Treasurer  of  the 
county  in  which  its  principal  office  or  place  of  business  is  located,  such 
annual  state  license  tax  as  may  be  required  by  law.  A  state  license  tax 
for  the  sale  and  traffic  in  spirituous  and  malt  liquors  shall  be  paid  by  all 
persons,  firms,  or  corporations  before  engaging  in  such  sale  or  traffic,  in 
the  county  in  which  they  intend  to  carry  on  such  sale  and  traffic. 

Section  3629.     To  be  repealed. 

Note.— Its  provisions  as  amended  to  meet  this  theory  are  found  in  Section  3641 
hereof 


POLITICAL   CODE.  287 

Section  3630.     The  text  is  new. 

Sec.  3630.  Each  county  and  each  city  and  county  of  the  State  shall 
form  an  assessment  district,  and  shall  be  divided  into  subdivisions,  as 
follows: 

First— Supervisor  districts,  which  shall  be  subdivided  into  road  dis- 
tricts; 

Second — Said  road  districts,  which  shall  be  subdivided  into  school 
districts; 

Third — Said  school  districts,  which  shall  be  subdivided  into  districts 
of  valuation  of  real  estate; 

Fourth— Said  districts  of  valuation  of  real  estate. 

Maps  shall  be  prepared  by  the  County  Surveyor  of  each  county, 
under  direction  of  the  County  Assessor  of  such  county,  as  follows: 

First — An  outline  map  of  the  county,  showing,  in  outlines  in  different 
colors,  the  supervisor  districts,  road  districts,  school  districts,  and  dis- 
tricts of  valuation  of  real  estate; 

Second — An  outline  map  of  each  supervisor  district,  showing,  in  out- 
lines in  different  colors,  each  road  district,  school  district,  and  district 
of  valuation  of  real  estate; 

Third — An  outline  map  of  each  road  district,  showing,  in  outlines  in 
different  colors,  each  school  district,  and  district  of  valuation  of  real 
estate; 

Fourth — An  outline  map  of  each  school  district,  showing,  in  different 
colors,  each  district  of  valuation  of  real  estate; 

Fifth — A  map  of  each  district  of  valuation  of  real  estate,  showing  all 
property  held  by  different  owners,  cultivated  and  uncultivated,  that  is  of 
the  same  quality  or  general  character,  and  which  shall  be  assessed  at  the 
same  value. 

Land  lying  in  more  than  one  of  the  foregoing  districts,  and  divided 
by  the  boundaries  of  such  districts,  owned  by  the  same  owner,  shall  be 
so  divided,  described,  and  assessed  as  to  make  the  assessment  complete 
as  to  each  district.  Each  map  shall  show  by  number,  or  other  designa- 
tion, the  county  and  district,  or  districts,  delineated  thereon,  as  follows: 

County  of 

Supervisor  District  No. 

Road  District  (or  Road  District  No.  _ . ) 

School  District. 

District  of  Valuation  of  Real  Estate  No 

The  foregoing  map  shall  be  made  in  duplicate,  and  one  thereof  shall 
be  filed  in  the  office  of  the  County  Assessor,  and  the  other  in  the  office 
of  the  State  Board  of  Equalization,  at,  or  before,  the  completion  of  the 
assessment. 

In  a  county  in  which  is -situated  an  incorporated  city,  or  town,  a  map 


288  PROPOSED   AMENDMENTS    TO   THE 

of  such  city,  or  town,  shall  be  made  under  direction  of  the  County 
Assessor  of  such  county,  by  the  city  engineer,  or  surveyor  of  the  city  or 
town,  to  be  delineated  as  follows: 

First — An  outline  map  showing  the  boundaries  of  the  city,  or  town, 
and  all  its  subdivisions  into  blocks,  lots,  streets,  and  other  ways  and 
places: 

Second — A  map  showing  the  outline,  in  different  colors,  of  each 
{i block"  or  "tract"  of  district  of  valuation  of  real  estate,  if  such  district 
contains  more  than  one  block  or  tract. 

Districts  of  valuation  may  be  subdivided  as  convenience  may  suggest, 
showing  the  subdivision  of  property,  city  or  town  blocks  or  lots;  pro- 
vided, that  all  maps  of  a  district  of  valuation  shall  be  kept  together, 
and  so  numbered,  or  designated,  as  to  show  the  valuation  district, 
school,  road,  and  supervisor  district,  or  ward,  town,  or  city. 

The  county  and  district  maps  hereby  required  shall  be  paid  for  from 
the  county  general  fund  of  each  county,  and  the  bills  therefor  shall  be 
presented  to,  and  passed  upon  and  allowed  by,  the  Board  of  Supervisors 
of  such  county,  in  like  manner  as  other  county  charges.  The  maps  of 
cities  and  towns  hereby  required  shall  be  paid  for  out  of  the  general 
funds  of  such  cities  and  towns,  and  the  bills  therefor  shall  be  presented, 
passed  upon,  and  allowed  in  like  manner  as  are  other  claims  and 
charges  against  the  said  general  funds  of  such  cities  and  towns  presented, 
passed  upon,  and  allowed. 

The  State*  Board  of  Equalization  shall  provide  the  forms  for  such 
maps  and  plat  books,  and  shall  require  such  maps  and  plat  books  to  be 
uniform  throughout  the  State,  to  be  indexed  to  show  owners'  names,  to 
give  ample  data  for  accurate  description  for  all  purposes  of  assessment 
and  taxation,  show  improvements,  and  assessed  valuation  of  each 
separate  holding,  and  of  each  several  quality  of  land  therein,  and  the 
acreage,  and  the  kinds  of  trees  and  vines  thereon. 

Sec.  3631.  All  property  must  be  assessed  in  the  county,  or  city  and 
county,  city,  town,  township,  and  district  where  the  same  is  situated, 
in  the  name  of  the  person,  firm,  association,  or  corporation  who  owns  it, 
or  in  whose  name  such  property  stands  upon  the  records  of  the  county. 

Sec.  363&  When  a  person  is  assessed  as  agent,  trustee,  bailee, 
guardian,  executor,  or  administrator,  his  representative  designation 
must  be  added  to  his  name,  and  the  assessment  entered  on  a  separate 
line  from  his  individual  assessment. 

Sec.  3633,  The  undistributed  or  unpartitioned  property  of  deceased 
persons  may  be  assessed  to  the  heirs,  guardians,  executors,  or  adminis- 
trators; and  a  payment  of  taxes  made  by  either  binds  all  parties  in 
interest  for  their  equal  proportions. 


POLITICAL    CODE.  289 

Sec.  3634.  Money  and  property  in  litigation,  in  possession  of  a 
County  Treasurer,  of  a  court,  County  Clerk,  or  receiver,  must  be  assessed 
to  such  treasurer,  clerk,  receiver,  or  the  judge  of  such  court,  and  the 
taxes  thereon  to  be  paid  undeV  direction  of  the  court. 

Sec.  3635.  Any  property  discovered  by  the  Assessor  to  have  escaped 
assessment  for  the  last  preceding  year,  if  such  property  is  in  the  owner- 
ship or  under  the  control  of  the  same  person  who  owned  or  controlled 
it  for  such  preceding  year,  may  be  assessed  at  double  its  value. 

Sec.  3636.  Any  property  willfully  concealed,  removed,  transferred,  or 
misrepresented  by  the  owner,  or  agent  thereof,  to  evade  taxation,  upon 
discovery,  must  be  assessed  at  not  exceeding  ten  times  its  value,  and 
the  assessment  so  made  must  not  be  reduced  by  the  Board  of  Super- 
visors. 

Sec.  3637.  Lands  once  described  on  the  assessment  book  need  not  be 
described  a  second  time;  but  any  person  claiming  the  same,  and  desir- 
ing to  be  assessed  therefor,  may  have  his  name  inserted  with  that  of  the 
person  to  whom  such  land  is  assessed. 

Note.— The  foregoing  sections,  3631  to  3637,  are  subjects  in  the  present  law 
placed  here  for  order. 

ARTICLE  II. 
DUTIES   OF    ASSESSORS. 

Sec.  3640.  The  Assessor,  or  his  deputies,  must,  before  the  first  Monday 
in  June  of  each  year,  in  each  of  the  counties,  and  cities  and  counties, 
visit  each  house  and  place  of  business  in  their  districts,  and  enroll  in  a 
.field  enrollment  book,  in  such  form  as  may  be  required  by  the  State 
Board  of  Equalization,  all  male  persons  residing  in  said  county  over 
eighteen  years  of  age  and  under  sixty  years  of  age  on  the  first  Monday 
in  March  of  that  year.  On  such  field  enrollment  book  shall  be  stated 
whether  the  person  enrolled  is  liable  to  a  state  poll  tax,  a  road  poll  tax, 
or  military  duty;  give  the  number  of  the  poll  tax  receipt,  and  the  amount 
paid,  if  poll  taxes  are  collected;  where  his  residence  is,  post  office  address, 
giving  street  and  number,  if  any;  occupation;  by  whom  employed; 
whether  the  owner  of  real  estate;  the  State  or  country  of  nativity; 
whether  naturalized  or  not,  and  any  reason  that  may  be  given  why  poll 
tax  was  not  paid.  From  such  enrollment  books  the  military  roll,  as 
required  by  section  eighteen  hundred  and  ninety-seven,  and  the  roll  of 
poll-tax  payers,  required  by  section  thirty-eight  hundred  and  fifty-seven, 
shall  be  made.  Personal  property  unsecured  by  real  estate  must  be 
assessed  and  taxes  collected  at  the  time  of  enrollment  of  persons  for 
poll  taxes;  receipts  must  be  issued  for  personal  property  tax  from  a 
stub-book,  having  the  stubs  numbered  the  same  as  the  receipt;  such 
19— c 


290  PROPOSED    AMENDMENTS   TO   THE 

stub-books  shall  have  a  line  for  the  name  of  the  person  assessed,  the 
amount  of  the  assessment,  the  rate  collected,  and  lines  for  the  items 
assessed  for  collection,  the  total  amount,  the  date  of  collection,  and  the 
name  of  the  deputy  making  the  collection.  Such  blank  personal-tax 
receipt  books  shall  be  furnished  for  such  purpose  by  the  Auditor,  and 
all  unused  receipts  must  be  turned  in  by  the  Assessor  with  his  settle- 
ment for  personal  property  taxes  on  the  first  Monday  in  August  of  each 
year.  The  Assessor,  or  his  deputy,  shall  also  note  on  the  assessment 
statement,  against  each  tract  of  land  or  lot  assessed,  the  condition  of 
surface  of  such  tract  or  lot  of  land  assessed,  the  condition  of  surface 
of  each  tract,  using  the  words  level,  rolling,  broken,  hilly,  or  rocky; 
also,  the  quality  of  soil,  using  the  words  fruit,  grain,  timber,  pasture, 
or  rocks;  also,  whether  it  is  wet,  dry,  semi-moist,  or  has  water-rights; 
also,  the  kind  and  value  of  improvements  located  on  each  tract  or  lot. 

Sec.  3641.  The  County  Assessor  must,  between  the  first  Monday  in 
March  and  the  first  Monday  in  July  of  each  year,  ascertain  the  names  of 
all  taxable  inhabitants,  and  all  the  property  in  his  county  subject  to 
taxation,  except  such  as  is  required  to  be  assessed  by  the  State  Board  of 
Equalization,  and  must  assess  such  property  to  the  persons  by  whom  it 
was  owned  or  claimed,  or  in  whose  possession  or  control  it  was,  at  twelve 
o'clock  meridian  on  the  first  Monday  in  March  next  preceding;  but  no 
mistake  in  the  name  of  the  owner,  or  supposed  owner,  of  real  property 
shall  render  the  assessment  thereof  invalid.  He  must  exact  from  each 
person  a  statement,  under  oath,  setting  forth  specifically  all  the  real  and 
personal  property  owned  by  such  person,  or  in  his  possession,  or  under 
his  control,  at  twelve  o'clock  meridian  on  the  first  Monday  in  March. 
Such  statement  shall  be  in  writing,  showing  separately: 

1.  All  property  belonging  to,  claimed  by,  or  in  the  possession  or' 
under  the  control  or  management  of  such  person; 

2.  All  property  belonging  to,  claimed  by,  or  in  the  possession  or 
under  the  control  or  management  of  any  firm  of  which  such  person  is  a 
member; 

3.  All  property  belonging  to,  claimed  by,  or  in  the  possession  or 
under  the  control  or  management  of  any  corporation  of  which  such  per- 
son is  president,  secretary,  cashier,  or  managing  agent; 

4.  The  county  in  which  such  property  is  situated,  or  in  which  it  is 
liable  to  taxation,  and  (if  liable  to  taxation  in  the  county  in  which  the 
statement  is  made)  also  the  city,  town,  township,  school  district,  road 
district,  or  other  revenue  districts  in  which  it  is  situated; 

5.  An  accurate  description  of  all  lands,  in  parcels  or  subdivisions  not 
exceeding  six  hundred  and  forty  acres  each,  describing  the  same  by  sec- 
tions and  subdivisions  of  sections  incase  of  all  tracts  of  land  which  have 
been  sectionized  by  the  United  States  government;  improvements,  per- 


POLITICAL    CODE.  291 

sonal  property,  including  all  vessels,  steamers^  and  other  watercraft;  and 
all  taxable  state,  county,  city,  or  other  municipal  or  public  bonds,  and 
the  taxable  bonds  of  any  person,  firm,  or  corporation,  and  all  deposits  of 
money,  gold-dust,  or  other  valuables,  and  the  names  of  the  persons 
with  whom  such  deposits  are  made,  and  the  places  in  which  they  may 
be  found;  all  mortgages,  deeds  of  trust,  contracts,  and  other  obligations 
by  which  a  debt  is  secured,  and  the  property  in  the  county  affected 
thereby; 

6.  All  credits,  unsecured  by  deed  of  trust,  mortgage,  or  other  lien  on 
real  or  personal  property,  due  or  owing  to  such  person,  or  any  firm  of 
which  he  is  a  member,  or  due  or  owing  to  any  corporation  of  which  he 
is  president,  secretary,  cashier,  or  managing  agent;  all  credits  shall  be 
itemized  so  as  to  show  the  face  amount  of  each  thereof,  and  the  name 
and  place  of  residence  of  the  debtor  owing  the  same.  All  debts  unse- 
cured by  trust  deed,  mortgage,  or  other  lien  on  real  or  personal  property, 
due  or  owing  by  the  person,  firm,  or  corporation  making  such  statement, 
to  any  person,  firm,  association,  or  corporation  subject  to  be  assessed 
therefor  in  this  State  as  credits;  all  such  debts  shall  be  itemized  so  as 
to  show  the  face  amount  thereof,  and  the  name  and  place  of  residence 
of  the  creditor  to  whom  the  same  are  due. 

All  firms,  persons,  associations,  or  corporations,  conducting  or  operat- 
ing any  works  or  lines  for  the  purpose  of  supplying  any  county,  city  and 
county,  city,  or  town,  or  the  inhabitants  thereof,  with  gas,  water,  electric 
light,  heat,  or  power,  telegraph  or  telephone  lines,  or  street-car  lines,  or 
other  business,  under  a  franchise  granted  by  such  county,  city  and  county, 
city,  or  town,  or  by  the  State,  shall,  in  addition  to  the  statement  of  its 
property,  file  with  the  Assessor,  on  or  before  the  first  day  of  April  of  each 
year,  a  statement  of  its  gross  receipts  for  the  year  next  preceding  the  first 
Monday  in  March;  also,  the  amount  of  its  operating  expenses;  also,  a 
copy  or  copies  of  any  and  all  statements  and  showings  made  by  such 
corporation  to  any  court,  board,  council,  commission,  or  public  body 
since  the  first  Monday  of  March  in  the  year  next  preceding,  as  the  basis 
for  the  fixing  by  such  court,  board,  council,  commission,  or  other  public 
body,  of  rates,  freights,  fares,  or  other  charges  by  or  compensation  to  such 
corporation,  firm,  association,  or  person;  also,  the  amount  of  expenditures 
for  betterments,  extensions,  and  permanent  improvements;  the  amount 
expended  for  repairs  and  maintenance;  the  amount  of  bonded  indebted- 
ness; if  a  corporation,  the  amount  of  dividends  declared  and  paid,  and 
whether  in  cash  or  stock,  or  other  form;  the  amount  of  capital  stock;  the 
amount  of  capital  stock  paid  up,  if  any,  or  the  amount  of  capital  stock  sub- 
scribed, and  the  amount  assessed  thereon  and  paid;  if  a  person  or  firm,  the 
amount  of  money  invested,  net  income,  or  profit.  The  statement  made 
by  a  corporation  shall  be  made  and  verified  by  the  president  and  secre- 
tary thereof,  if   residents  of  the  county,  or  if  the  principal  office  of  the 


292  PROPOSED    AMENDMENTS   TO   THE 

corporation  be  located  in  the  county.  If  they  do  not  reside  in  the 
county,  or  if  the  principal  office  be  not  in  the  county,  the  statement 
shall  be  made  and  verified  by  the  managing  agent,,  or  other  person  in 
possession  or  control  of  the  property.  Whenever  one  member  of  a  firm 
has  made  a  statement  showing  the  property  of  the  firm,  another  mem- 
ber of  the  firm  need  not  include  such  property  in  the  statement  made  by 
him.  But  his  statement  must  show  the  name  of  the  person  who  made 
the  statement  in  wrhich  such  property  is  included.  The  Assessor  may 
fill  out  the  statement  herein  required  to  be  made,  at  the  time  he  presents 
it,  or  he  may  deliver  it  to  the  person  and  require  him,  within  an 
appointed  time,  to  return  the  same  to  him,  properly  filled  out.  If  any 
person,  after  demand  made  by  the  Assessor,  neglects  or  refuses  to  give, 
under  oath,  the  statement  herein  provided  for,  or  to  comply  with  the 
other  requirements  of  this  title,  the  Assessor  must  note  the  refusal  on 
the  assessment  book,  opposite  his  name,  and  must  make  an  estimate  of 
the  value  of  the  property  of  such  person;  and  the  value  so  fixed  by  the 
Assessor  must  not  be  reduced  by  the  Board  of  Supervisors;  but  nothing 
herein  shall  be  construed  as  abridging  the  power  of  the  Assessor  to  compel 
the  making  of  the  statement  herein  required,  as  provided  in  section 
thirty-six  hundred  and  sixty.  The  Board  of  Supervisors  of  each  county 
shall  furnish  the  Assessor  with  "  blank  forms"  of  the  statements  herein 
provided  for,  to  which  shall  be  affixed  the  following  affidavit,  to  be  made 
and  subscribed  by  the  person  making  the  statement: 

"I, ,  do  swrear  that  I  am  a  resident  of  the  county  of  (naming 

it) ;  that  the  above  list  contains  a  full  and  correct  statement  of  all  prop- 
erty subject  to  taxation  which  I,  or  any  firm  of  which  I  am  a  member, 
or  any  corporation,  association,  or  company  of  which  I  am  president, 
cashier,  secretary,  or  managing  agent,  owned,  claimed,  possessed,  or 
controlled,  at  twelve  o'clock  meridian  on  the  first  Monday  in  March 
last,  and  which  is  not  already  assessed  this  year,  and  that  I  have  not, 
in  any  manner  whatsoever,  transferred  or  disposed  of  any  property,  or 
placed  any  property  out  of  said  county,  or  my  possession,  for  the  pur- 
pose of  avoiding  any  assessment  upon  the  same,  or  of  making  this  state- 
ment; and  that  the  debts  therein  stated  as  owing  by  me  are  the  only 
debts  owing  by  me  to  any  person,  firm,  association,  or  corporation,  sub- 
ject to  assessment  thereon,  in  this  State,  as  credits." 

The  affidavit  to  a  statement  on  behalf  of  a  firm,  or  corporation,  must 
state  the  principal  place  of  business  of  the  firm,  or  corporation,  and  in 
other  respects  must  conform  substantially  to  the  preceding  form. 

Note.— From  Subdivision  6  of  Section  3641  is  omitted  the  provision  for  deduct- 
ing debts  due  bona  fide  residents  of  this  State  from  solvent  credits.  The  reason 
for  this  omission  is  that  the  provision  is  a  discrimination  in  favor  of  moneyed 
capital,  other  than  that  invested  in  national  banks,  and  makes  it  impossible,  with 
the  provision  in  existence,  to  assess  national  banks  in  this  State.  This  is  made  so 
by  Section  5219,  Revised  Statutes  U.  S.,  as  construed  in  the  case  of  Miller  vs.  Heil- 


POLITICAL    CODE.  293 

bron,  58  Cal.  133,  and  The  Bank  of  Commerce  vs.  New  York  City,  2  Blatchford,  620. 
The  United  States  Statutes  provide  that  national  banks  may  be  assessed  under 
State  law  in  the  manner  following:  The  real  estate  of  the  association  must  be 
assessed  to  the  association,  the  shares  of  stock  in  the  association  must  be  assessed 
to  the  owner  or  holder  of  such  shares.  The  Legislature  may  direct  the  manner 
and  place  of  taxing  all  the  shares  of  national  banking  associations  within  the 
State,  subject  to  two  restrictions:  that  the  taxation  shall  not  be  at  any  greater  rate 
than  is  assessed  upon  other  moneyed  capital  in  the  hands  of  individual  citizens  of 
such  State,  and  that  the  shares  of  any  national  banking  association  owned  by  non- 
residents shall  be  taxed  where  the  bank  is  located,  and  not  elsewhere.  The  change 
made  in  Section  3608,  with  the  omissions  from  Subdivision  6,  Section  3641,  will  per- 
mit the  assessment  of  national  banks  as  other  moneyed  capital  is  assessed  in  this 
State. 

Sec.  3642.  When  the  Assessor  has  not  received  from  the  owner  of  a 
tract  of  land  the  statement  required  by  section  thirty-six  hundred  and 
forty-one,  or  when  such  statement  does  not  sufficiently  describe  a  tract 
of  land  to  enable  the  Assessor  to  assess  the  same  as  required  by  law,  and 
the  owner  or  his  agent,  or  in  case  they  cannot  be  found,  or  are  unknown, 
the  person  in  possession  thereof,  neglects,  for  ten  days  after  demand  by 
the  Assessor,  to  furnish  said  Assessor  with  such  description,  the  Assessor 
shall  cite  such  owner,  or  agent,  or  person  in  possession,  to  appear  before 
the  Superior  Court  of  the  county  in  which  such  land  is  situated,  within 
five  days  after  service  of  such  citation;  and  the  Superior  Court  shall, 
upon  the  day  named  in  such  citation,  to  the  exclusion  of  all  other 
business,  proceed  to  hear  the  return  and  answer  of  the  said  owner,  or 
agent,  or  person  in  possession,  to  the  said  citation,  and  if  the  court  shall 
find  that  the  land  has  not  been  surveyed  or  divided  into  subdivisions  of 
six  hundred  and  forty  acres  or  less,  so  that  each  part,  or  parcel,  may  be 
accurately  described  by  metes  and  bounds,  and  assessed  as  required  by 
law,  then  the  court  shall,  by  order  duly  entered  in  open  court,  direct  the 
County  Surveyor  to  make  a  survey  and  define  the  boundaries  and  loca- 
tion of  said  land  by  parcels  or  subdivisions,  not  exceeding  six  hundred 
and  forty  acres  each,  and  deliver  the  same  to  the  County  Assessor.  The 
expense  of  making  such  survey  and  description  by  the  County  Surveyor 
shall  be  a  lien  upon  the  land,  and  shall,  when  approved  by  the  said 
Superior  Court,  be  certified  by  said  court  to  the  Tax  Collector  of  the 
county  where  the  land  is  situated,  and  be  added  to  the  taxes  upon  said 
land,  and  be  collected  as  other  taxes  are  collected. 

Sec.  3643.  All  property  shall  be  assessed  in  the  true  name  of  the 
owner  thereof,  if  his  true  name  be  known  to  the  Assessor.  If  the  name 
of  the  owner  of  any  property  appears  of  record  in  the  office  of  the 
Recorder  of  the  county  where  the  property  is  situated,  the  name  so 
appearing  of  record  shall  be  deemed  to  be  the  true  name  of  such  owner. 
If  the  name  of  the  owner  of  the  property  does  not  appear  of  record  as 
aforesaid,  and  cannot,  after  diligent  inquiry,  be  ascertained  by  the 
Assessor,  then,  but  not  otherwise,  such  property  must  be  assessed  to 


294  PROPOSED    AMENDMENTS    TO   THE 

unknown  owners.  Whenever  any  property,  or  any  interest  therein,  stands 
upon  the  records  of  any  county  in  the  name  of  more  persons  than  one, 
or  whenever  any  person,  other  than  the  person  in  whose  name  the  prop- 
erty stands  upon  the  records  of  the  county,  or  is  being  assessed,  claims  an 
interest  therein,  and  desires  to  be  assessed  therefor,  such  property  need 
not  be  described  more  than  once  upon  the  assessment  book,  but  the 
names  of  all  persons  appearing  of  record,  as  aforesaid,  and  the  names 
of  all  claimants  to  said  land  who  desire  to  be  assessed  therefor,  as  afore- 
said, must  be  inserted  in  the  assessment  of  such  property  as  owners 
thereof  and  must  be  separately  indexed.  In  no  case  shall  property  be 
assessed  to  joint  or  other  partial  owners  thereof,  by  a  name  in  the  form 
of  a  firm,  or  partnership  name,  except  when  such  property  is  actually 
owned,  or  appears  upon  the  records  of  the  county  as  being  owned,  by  a 
partnership,  or  firm;  and  in  all  cases,  other  than  partnership  ownership, 
property  shall  be  assessed  to  the  persons  owning  the  same,  or  any 
interest  therein,  or  desiring  to  be  assessed  therefor,  by  their  individual 
names. 

Sec.  3644.  If  the  owner  or  claimant  of  any  property,  not  listed  by 
another  person,  is  absent  or  unknown,  the  Assessor  must  make  an  esti- 
mate of  the  value  of  such  property. 

Sec.  3645.  The  Assessor,  as  soon  as  he  receives  the  statement  of  any 
taxable  property  situated  in  another  county,  must  make  a  copy  of  such 
statement  for  each  county  in  which  the  same  is  situated  or  assessable, 
and  transmit  the  same,  by  mail  or  express,  to  the  Assessor  of  the 
proper  county,  who  must  assess  the  same  as  other  taxable  property 
therein. 

Sections  3646,  3647,  3648,  and  3649  to  be  repealed. 

Note.— The  substance  of  these  sections  is  included  in  preceding  sections,  treat- 
ing of  the  same  or  like  subjects. 

Sec.  3650.  The  Assessor  must  prepare  an  assessment  book,  with 
appropriate  headings,  as  directed  by  the  State  Board  of  Equalization, 
in  which  must  be  listed  all  property  within  the  county,  under  the 
appropriate  head: 

1.  The  name  of  the  person  to  whom  the  property  is  assessed; 

2.  Land,  by  township,  range,  section,  or  fractional  section,  not 
exceeding  six  hundred  and  forty  acres  in  any  one  tract;  and  when  such 
land  is  not  a  congressional  division,  or  subdivision,  then  by  metes  and 
bounds,  or  other  accurate  description  sufficient  to  identify  it,  giving  an 
estimate  of  the  number  of  acres  (not  exceeding  in  any  tract  six  hun- 
dred and  forty  acres),  locality,  and  the  improvements  thereon.  When 
any  tract  of  land  is  situated  in  two  or  more  school,  road,  or  other 
revenue  districts  of  the  county,  the  part  in  each  such  revenue  district 


POLITICAL    CODE.  295 

must  be  separately  assessed.  The  improvements  shall  be  assessed 
against  the  particular  section,  tract,  or  lot  of  land  upon  which  they  are 
located; 

3.  City  and  town  lots,  naming  the  city  or  town,  and  the  number  of 
the  lot  and  block,  according  to  the  system  of  numbering  on  the  official 
map  of  such  city  or  town,  which  must  be  referred  to  by  the  book  and 
page  of  its  official  record,  and  the  improvements  thereon ; 

4.  All  personal  property,  showing  the  number,  kind,  amount,  and 
quality;  but  a  failure  to  enumerate  in  detail  such  personal  property 
shall  not  invalidate  the  assessment; 

5.  The  cash  value  of  real  estate,  other  than  city  or  town  lots; 

6.  The  cash  value  of  improvements  on  such  real  estate; 

7.  The  cash  value  of  city  and  town  lots; 

8.  The  cash  value  of  improvements  on  city  and  town  lots; 

9.  The  cash  value  of  improvements  on  real  estate  assessed  to  persons 
other  than  the  owners  of  the  real  estate; 

10.  The  cash  value  of  all  personal  property,  exclusive  of  money; 

11.  The  amount  of  money; 

12.  The  assessment  of  the  franchise,  roadway,  roadbed,  rails,  and 
rolling-stock  of  any  railroad,  as  apportioned  to  his  county  by  the  State 
Board  of  Equalization,  and  also  such  other  apportionments  of  such 
franchises,  roadways,  roadbeds,  rails,  and  rolling-stock  as  may  be  made 
by  such  board,  and  furnished  to  him  for  the  purpose  of  taxation  in  any 
district  of  his  county.  Taxable  improvements  owned  by  any  person, 
firm,  association,  or  corporation,  located  upon  any  land  exempt  from 
taxation,  shall,  as  to  the  manner  of  assessment,  be  assessed  as  other 
real  estate  upon  the  assessment  book.  No  value  shall,  however,  be 
assessed  against  the  exempt  land,  nor  under  any  circumstances  shall 
the  land  be  charged  with  or  become  responsible  for  the  assessment  made 
against  any  taxable  improvements  located  thereon; 

13.  The  school,  road,  and  other  revenue  districts  in  which  each  piece 
of  property  assessed  is  situated; 

14.  The  total  value  of  all  property; 

15.  When  any  property,  except  that  owned  by  a  railroad,  or  other 
quasi-public  corporation,  is  subject  to  or  affected  by  a  mortgage,  deed 
of  trust,  contract,  or  other  obligation  by  which  a  debt  is  secured,  he 
must  enter,  in  the  proper  column,  the  value  of  such  security,  and  deduct 
the  same.  In  entering  assessments  containing  credits  the  face  amount 
thereof  must  be  specified,  and  he  must  enter  in  the  proper  column  the 
value  thereof,  as  in  the  case  of  other  personal  property.  Each  fran- 
chise must  be  separately  entered  and  valued  in  the  assessment  book 
without  combining  the  same  with  other  property,  or  with  the  valuation 
thereof,  except  in  the  column  of  totals. 

Note.— Amended  to  conform  to  requirements  of  the  preceding  sections. 


296  PROPOSED    AMENDMENTS    TO   THE 

Sec.  3651.  All  property  of  persons,  firms,  or  corporations  conducting 
or  operating  gas  supply  lines,  electric  light,  heat,  or  power  supply  lines, 
water  supply  lines,  telegraph  or  telephone  lines,  street  railway  lines, 
wharf,  ferry,  toll-bridge  or  toll-road,  or  other  business  conducted  or 
operated  under  a  franchise  granted  therefor  by  any  county,  city  and 
county,  city,  or  town,  or  of  this  State,  shall  be  listed  in  a  book  or  books 
to  be  designated  as  "  Book  of  Assessed  Franchises,"  in  which  shall  be 
shown,  under  appropriate  heads: 

1.  All  real  estate  and  property  described  as  real  estate; 

2.  All  other  property  except  the  franchise; 

3.  The  franchise. 

It  shall  be  shown,  in  the  manner  directed  by  the  State  Board  of 
Equalization,  or  should  they  fail  to  direct  the  manner  of  showing,  then 
by  the  Assessor  of  each  county,  in  the  "  Book  of  Assessed  Franchises  ": 

1.  The  gross  earnings  for  each  year  of  the  person,  firm,  or  corporation 
conducting  or  operating  any  of  the  gas,  electric,  water,  telegraph  or 
telephone,  or  street  railway  lines,  or  other  business  operated  under  a 
franchise,  as  aforesaid,  for  a  year  next  preceding  the  first  Monday  in 
March; 

2.  The  amount  of  the  operating  expenses; 

3.  The  amount  expended  for  betterments,  extensions,  and  permanent 
improvements; 

4.  The  amount  expended  for  repairs  and  maintenance; 

5.  The  amount  of  bonded  indebtedness; 

6.  If  a  corporation,  the  amount  of  dividends  declared  and  paid, 
whether  in  cash,  stock,  or  other  form,  and  what; 

7.  The  amount  of  capital  stock; 

8.  The  amount  of  capital  stock  paid  up,  if  any,  or  the  amount  of 
capital  stock  subscribed,  and  the  amount  assessed  thereon  and  paid; 

9.  If  a  firm  or  person,  the  amount  of  money  invested; 

10.  The  gross  income,  and  the  sources  of  it. 

All  property  of  corporations,  other  than  franchises  mentioned  in 
section  thirty-six  hundred  and  fifty-one,  shall  be  listed  in  a  book  or 
books  designated  as  "  Corporation  Assessments."  All  property  of  each 
corporation  shall  be  described  under  appropriate  heads,  following  the 
name  of  the  corporation  assessed. 

The  Assessor  of  each  county  shall  keep  a  book,  or  books,  designated 
"  State  License  Tax,"  in  which  he  shall  keep  a  record  of  all  corporations 
liable  to  payment  of  corporation  state  license  tax,  and  of  all  persons, 
firms,  or  corporations  liable  to  payment  of  state  excise  license  tax. 

Sec.  3652.  On  or  before  the  first  Monday  in  July  of  each  year,  the 
Assessor  must  complete  his  assessment  book.     He  and  his  deputies  must 


POLITICAL   CODE.  297 

take  and  subscribe  an  affidavit  in  the  assessment  book,  to  be  substan- 
tially as  follows: 

"I,  ,  Assessor  (or  Deputy  Assessor,  as  the  case  may  be)   of 

county,  do  swear  that  between  the  first  Monday  in  March  and 

the  first  Monday  in  July,  eighteen  hundred  and ,  I  have  made 

diligent  inquiry  and  examination  to  ascertain  all  the  property  within 
the  county  (or  within  the  subdivision  thereof  assessed  by  me,  as  the 
case  may  be)  subject  to  assessment  by  me,  and  that  the  same  has  been 
assessed  on  the  assessment  book,  equally  and  uniformly,  according  to 
the  best  of  my  judgment,  information,  and  belief,  at  its  full  cash  value; 
and  that  I  have  faithfully  complied  with  the  duties  imposed  on  the 
Assessor  under  the  revenue  laws;  and  that  I  have  not  imposed  any 
unjust  or  double  assessment  through  malice  or  ill-will,  or  otherwise;  nor 
allowed  any  one  to  escape  a  just  and  equal  assessment  through  favor  or 
reward,  or  otherwise." 

But  the  failure  to  take  or  subscribe  such  affidavit,  or  any  affidavit, 
will  not,  in  any  manner,  affect  the  validity  of  the  assessment. 

Sec.  3653.  1.  On  or  before  the  first  Monday  in  July  of  each  year, 
the  Assessor  must  furnish  each  incorporated  city  and  town  within  the 
county  a  complete  certified  copy  of  his  assessment  book,  so  far  as  such 
assessment  book  pertains  to  property  within  the  limits  of  said  incor- 
porated cities  and  towns,  which  certified  copy  shall  be  filed  with  the 
clerk  of  said  city  or  town,  and  shall  thereupon  be  and  become  the 
assessment  roll  of  such  city  or  town. 

2.  The  Assessor  must,  on  the  first,  tenth,  and  twentieth  days  of  each 
month,  file  with  the  clerk  of  each  incorporated  city  or  town  within  the 
county,  a  description  of  all  personal  property,  the  name  and  address, 
by  street  and  number,  of  the  owners,  and  assessed  value  thereof,  when- 
ever the  tax  on  such  property  is  collected  by  the  Assessor. 

3.  The  Assessor  may  charge  incorporated  cities  and  towns cents 

per  folio  of  one  hundred  words  for  each  certified  copy  of  his  assessment 

book,  and cents  per  folio  of  one  hundred  words  for  each  description 

of  personal  property. 

Note.— The  county  assessment  is  made  the  assessment  of  the  city  or  town,  sub- 
ject to  the  local  board  of  equalization; 

Sec.  3654.  As  soon  as  completed  the  assessment  book,  together  with 
the  map  books,  statements,  and  military  roll,  must  be  delivered  by  the 
Assessor  to  the  clerk  of  the  Board  of  Supervisors,  who  must  imme- 
diately give  notice  thereof  to  each  member  of  the  Board  of  Supervisors. 
In  the  meantime,  the  assessment  book,  map  books,  and  statements  must 
remain  in  his  office  for  the  inspection  of  all  persons  interested.  After 
the  Board  of  Equalization  has  completed  its  labors,  the  map  books  and 
statements  shall  be  returned  to  the  County  Assessor's  office,  and  shall 
be  kept  in  such  office  for  future  reference. 


298  PROPOSED   AMENDMENTS   TO   THE 

Sec.  3655.  On  the  second  Monday  in  July  of  each  year,  the  Assessor 
of  each  county  must  transmit  to  the  State  Board  of  Equalization,  in 
such  form  as  said  board  shall  require,  a  statement  showing: 

1.  The  several  kinds  of  personal  property; 

2.  The  average  and  total  value  of  each  kind; 

3.  The  number  of  live  stock,  number  of  bushels  of  grain,  number  of 
gallons  of  wine  or  liquors,  number  of  pounds  or  tons  of  any  article 
sold  by  the  pound  or  ton; 

4.  When  practicable,  the  separate  value  of  each  class  of  land,  speci- 
fying the  classes  and  the  number  of  acres  of  each; 

5.  A  true  statement  of  the  agricultural  and  industrial  pursuits  and 
products  of  the  county,  with  such  other  statistical  information  as  said 
board  shall  require. 

Note.— Subdivision  five  is  added. 

Section  3656.     To  be  repealed. 

Sec.  3657.  Every  Assessor  who  fails  to  complete  his  assessment  book, 
or  who  fails  to  transmit  the  statement  mentioned  in  section  thirty-six 
hundred  and  fifty-five,  to  the  State  Board  of  Equalization,  forfeits  the 
sum  of  one  thousand  dollars,  to  be  recovered  on  his  official  bond,  for  the 
use  of  the  county,  in  an  action  brought  in  the  name  of  the  people  by  the 
Attorney-General,  when  directed  to  do  so  by  the  State  Board  of  Equali- 
zation. 

The  Assessor  is  a  civil  executive  officer,  and  liable  personally  and  on 
his  official  bond  for  failure  or  neglect  of  duty;  and  is  liable  personally 
and  on  his  official  bond  for  all  taxes  on  property  within  the  county 
represented  by  him,  which  is  un assessed  through  his  neglect  or  willful 
failure. 

At  any  time  between  the  first  and  twentieth  days  of  June,  in. any 
year,  any  taxpayer  may  file  with  the  Assessor  of  the  county,  a  com- 
plaint as  to  the  excessive  valuation,  or  under  valuation,  of  the  property 
of  himself  or  another.  Such  complaint  shall  describe  the  property,  and 
state  the  grounds  upon  which  the  complaint  is  made,  in  ordinary  and 
concise  language.  Thereupon  the  Assessor  shall  fix  a  day,  not  later 
than  the  twenty-fifth  day  of  June  following,  on  which  to  hear  the  evi- 
dence and  render  his  decision  on  the  complaint.  At  the  time  of  filing 
the  maps,  assessment  book,  and  other  records  of  his  office  with  the  clerk 
of  the  Board  of  Supervisors,  he  shall  also  transmit  to  said  clerk  the 
complaint,  together  with  his  proceedings,  and  his  decision  thereon. 


POLITICAL   CODE.  299 

ARTICLE  in. 

POWERS   OF   COUNTY   ASSESSOR. 

Sec.  3660.     Every  Assessor  shall  have  power: 

1.  To  require  any  person  found  within  such  Assessor's  respective 
county  to  make  and  subscribe  an  affidavit,  giving  his  name  and  place 
of  residence,  and  to  make  the  statement  required  by  section  thirty-six 
hundred  and  forty-one  of  this  Code; 

2.  To  subpoena  and  examine  any  person  in  relation  to  any  statement 
furnished  to  him,  or  which  discloses  property  which  is  assessable  in  his 
respective  county;  and  he  may  exercise  his  power  in  any  county  where 
the  person  whom  he  desires  to  examine  may  be  found,  but  shall  have 
no  power  to  require  such  person  to  appear  before  him  in  any  other 
county  than  that  in  which  the  subpoena  is  served  upon  him.  In  case 
such  affidavit  shall  show  the  residence  of  the  person  making  the  same 
to  be  in  any  county  other  than  that  in  which  it  is  taken,  or  the  state- 
ment shall  disclose  property  in  any  county  other  than  that  in  which  it 
is  made,  the  Assessor  shall,  in  the  respective  case,  file  the  affidavit  or 
statement  in  his  office,  and  transmit  a  copy  of  the  same,  certified  by 
him,  to  the  Assessor  of  the  county  in  which  such  residence  or  property 
is  therein  shown  to  be.  Every  person  who  shall  refuse  to  furnish  the 
statement  hereinbefore  required  in  this  chapter,  or  to  make  and  sub- 
scribe such  affidavit  respecting  his  name  and  place  of  residence,  or  to 
appear  and  testify  when  requested  so  to  do  by  the  Assessor,  as  above 
provided,  shall,  on  application  of  the  Assessor  to  the  judge  of  the 
Superior  Court  of  the  county  in  which  the  statement,  affidavit,  or  exam- 
ination is  sought  to  be  made  or  had,  be  cited  to  appear,  within  five  days 
after  service  of  such  citation,  before  said  judge  or  court,  on  a  day  and 
at  a  place  named,  to  show  cause  why  such  statement,  affidavit,  or  exam- 
ination should  not  be  made.  After  such  citation  shall  issue  and  service 
thereof  be  made,  all  examinations  shall  be  conducted  as  ordered  by  the 
court,  and  the  testimony  taken  shall  be  filed  and  acted  upon  by  the 
Assessor,  to  ascertain  the  extent  and  value  of  said  property,  and  such 
other  information  as  may  be  necessary  in  making  the  assessment 
thereof  according  to  law.  The  application  of  the  Assessor  to  the  court 
for  the  order  of  citation  shall  be  by  affidavit,  setting  forth  that  the 
party  or  parties,  to  be  named  in  the  citation,  refuse  to  make  the  state- 
ment required,  or  to  make  and  subscribe  the  affidavit  respecting 
his  name  and  residence,  or  that  subpoena  has  been  served  upon  the 
party  or  parties,  as  in  this  section  provided,  and  that  they  disobey  the 
same  and  refuse  to  appear  and  testify  as  to  the  statement  furnished 
by,  or  as  to  any  property  owned  or  claimed  by,  or  in  possession  of,  any 
person,  corporation,  co-partnership,  or  association  named  in  said  sub- 


300  PROPOSED   AMENDMENTS    TO    THE 

poena,  and  that  the  information  sought  is  required  by  him,  in  the  dis- 
charge of  the  duties  of  his  office  as  Assessor,  and  not  otherwise.  If, 
upon  the  hearing,  good  and  sufficient  cause  be  not  shown  for  such 
refusal,  the  court  shall  order  the  party  cited  to  answer  such  ques- 
tions as  may  be  put  to  him  by  the  Assessor,  or  his  representatives, 
relating  to  the  statement  made  by,  or  the  property  owned  or  claimed 
by,  or  in  possession  of,  any  person,  co-partnership,  association,  or 
corporation  named  in  the  order;  and  for  disobedience  of  the  order  of 
the  court,  it  shall  punish  the  party  for  contempt.  The  subpoena  shall 
require  the  presence  of  the  person  named  therein,  at  a  time  and  place 

specified,  to  testify  on  oath,  before  the  Assessor  of  the  county  of , 

as  to  a  statement  made  by  a  person,  co-partnership,  association,  or 
corporation  named  in  the  subpoena,  of  the  taxable  property  of  such 
person,  co-partnership,  association,  or  corporation,  or  as  to  the  property 
owned,  or  claimed  by,  or  in  the  possession  of  such  person,  co-partner- 
ship, association,  or  corporation,  and  to  produce  the  books  and  papers 
of  such  person,  firm,  association,  or  corporation.  A  witness  shall  be 
entitled  to  the  same  fees  as  in  civil  cases,  to  be  paid  from  the  general 
fund  of  the  county  on  order  of  the  Superior  Court.  Personal  service 
of  the  subpoena  shall  in  all  cases  be  made.  The  service  of  the  sub- 
poena shall  be  made  only  by  the  Sheriff  or  Assessor  of  the  county, 
or  his  deputies,  who  shall  make  the  return  thereon  required  in  other 
cases; 

3.  To  enter  any  house,  building,  office,  or  warehouse  during  reason- 
able hours,  and  to  examine  the  books  and  papers  of  any  person, 
co-partnership,  association,  or  corporation,  in  the  discharge  of  the 
duties  of  his  office,  as  Assessor,  either  in  person,  or  by  deputy. 

Note.— The  foregoing  sections,  3607  to  3660  inclusive,  contain  all  of  the  present 
law  relating  to  taxable  property,  definitions,  assessments  of  property,  statement  of 
property,  duties  and  powers  of  Assessor,  amended  to  conform  to  the  provisions  of 
the  Constitution  relating  to  revenue  and  taxation.  Section  1,  Article  XIII,  of  the 
Constitution  provides  that  all  property  in  the  State,  not  exempt,  etc.,  shall  be 
taxed  in  proportion  to  its  value,  to  be  ascertained  as  provided  by  law,  and  the 
word  property,  as  used  in  the  article,  is  designed  to  include  moneys,  credits,  bonds, 
stocks,  dues,  franchises,  and  all  other  matters  and  things,  real,  personal,  and 
mixed,  capable  of  private  ownership,  and  declares  that  the  Legislature  may  pro- 
vide, except  in  cases  of  credits  secured  by  mortgage  or  trust  deed,  for  a  deduction 
from  credits  of  debts  due  to  bona  fide  residents  of  this  State.  It  was  evidently 
intended  that  the  provision  to  be  made  by  the  Legislature  for  the  deduction  of 
debts  from  credits  should  be  made  in  a  manner  that  would  not  defeat  the  first 
declaration  of  the  section,  that  all  property  (not  exempt)  in  the  State  shall  be 
taxed  in  proportion  to  its  value.  And  the  provisions  of  Subdivision  6  of  Section 
3629  of  the  Political  Code  are  that,  in  case  of  banks,  the  statement  is  not  required 
to  show  the  debts  in  detail,  and  that  the  deduction  may  be  made  from  solvent 
credits  by  the  banks  themselves,  is  clearly  without  the  spirit  and  intent  of  this 
section  of  the  Constitution.  It  was  clearly  intended  by  the  Constitution  to  permit 
the  Legislature  to  empower  an  Assessor,  in  the  exercise  of  the  discretion  neces- 
sarily permitted  in  determining  the  value,  to  take  from  the  credits  (not  solvent 
credits)  such  debts  as  were  assessable  as  credits  to  other  persons  resident  of  this 


POLITICAL   CODE.  301 

State  ;  for  there  is  no  authority  in  the  Constitution  for  the  Legislature  to  provide 
that  every  citizen  may  become  his  own  assessor,  as  he  practically  does  under  the 
provisions  of  Section  3629,  which  empower  him  to  determine  which  credits  are 
solvent,  which  debts  to  deduct,  and,  in  the  case  of  banks,  to  permit  an  aggregate 
reduction  of  all  debts  or  liabilities  of  any  bank  from  the  aggregate  amount  that 
it  may  determine  to  be  solvent  credits.  This  is  made  more  apparent  by  the  pro- 
visions of  Section  8  of  Article  XIII  of  the  Constitution:  "The  Legislature  shall 
require  each  taxpayer  in  this  State  to  make  and  deliver  to  the  County  Assessor 
annually  a  statement,  under  oath,  setting  forth, specifically  all  the  real  and  per- 
sonal property  owned  by  such  taxpayer  or  in  his  possession  or  under  his  control 
at  12  o'clock  m.  on  the  first  Monday  in  March."  Thus  the  statement  is  to  be  made 
and  delivered  to  the  County  Assessor,  and  is  to  set  forth  the  real  and  personal 
property.  The  word  "property"  includes  "credits"  and  "stocks,"  and  both  must 
be  made  to  appear  in  the  statement  delivered  to  the  County  Assessor,  if  they 
are  owned  or  in  the  possession  or  under  the  control  of  the  taxpayer  making  the 
statement. 

Section  3608  practically  directs  that  stock  is  not  property.  This  is  against  the 
decisions  of  the  Supreme  Court  of  this  State,  against  the  general  law  of  this  State, 
the  laws  of  the  United  States,  and  the  decisions  of  the  Supreme  Court  of  the 
United  States,  and  in  their  relation  to  taxation  only,  are  stocks  declared  to  be 
not  property.  The  effect  of  this  declaration  is  farther-reaching  than  would  appear 
from  the  statement  of  Section  3608;  for,  instead  of  being  double  taxation  as 
therein  stated,  it  exempts  from  assessment  and  taxation  many  millions  of  dollars 
of  property  in  this  State  and  makes  it  impossible  to  assess  national  banks,  insur- 
ance corporations,  and  the  like. 

Section  3663.  To  be  repealed. 

Note.— Its  provisions  are  contained  in  Section  3626  as  proposed  herein. 

Sections  3674  and  3675.  To  be  repealed. 

Note.— The  two  foregoing  sections  attempt  to  limit  the  powers  and  duties  of 
County  Boards  of  Equalization  as  fixed  by  the  Constitution  (Section  9,  Article 
XIII). 

Section  3676.  To  be  amended  to  read  as  follows: 
Sec.  3676.  The  board  may  direct,  at  any  time  during  its  session  as  a 
board  of  equalization,  by  order  entered  in  its  minutes,  on  petition  or 
otherwise,  that  a  hearing  be  had  to  determine  the  true  value  in  money 
of  any  property  appearing  on  the  assessment  roll,  and  upon  any  hearing 
relating  to  such  value  of  property,  the  board  may  subpoena  such  witnesses, 
hear  and  take  such  evidence  in  relation  to  the  subject  pending,  as  in 
its  discretion  it  may  deem  proper. 

Note.— The  question  of  the  equalization  of  property  given  as  security  for  loans 
of  money  made  by  the  University  of  California  should  have  consideration.  The 
assessed  value  of  such  loan  is  deducted  from  the  value  of  the  property  securing  it, 
resulting  in  the  payment  of  no  tax  by  such  property,  unless  it  be  assessed  for  more 
than  the  face  value  of  the  loan.  It  appears  from  the  Auditor's  report  from  Ala- 
meda that  in  that  county  in  1895  such  loans  amounted  to  more  than  $370000,  and 
in  San  Francisco  to  about  $570,000.  Taxes  on  this  amount  of  assessed  value  must 
be  borne  by  other  property. 

Section  3692.     To  be  amended  to  read  as  follows: 
Sec.  3692.     The  powers  and  duties  of  the  State  Board  of  Equalization 
are  as  follows: 


302  PROPOSED   AMENDMENTS   TO   THE 

1.  To  prescribe  rules  for  its  own  government  and  for  the  transaction 
of  its  business; 

2.  To  prescribe  rules  and  regulations,  not  in  conflict  with  the  constitu- 
tion and  laws  of  the  State,  to  govern  Supervisors  when  equalizing,  and 
Assessors  when  assessing; 

3.  To  make  out,  prepare,  and  enforce  the  use  of  all  forms  in  relation 
to  the  assessment  of  property,  collection  of  taxes,  and  revenue  of  this 
State; * 

4.  To  hold  regular  meetings  at  the  state  capitol,  on  the  second  Mon- 
day in  each  month,  and  such  special  meetings  as  the  chairman  may 
direct  in  any  county  of  the  State; 

5.  To  annually  assess  the  franchise,  roadway,  roadbed,  rails,  and 
rolling-stock  of  all  railroads  operated  in  more  than  one  county  in  this 
State,  at  their  actual  value,  on  the  first  Monday  in  March,  at  twelve 
o'clock  meridian,  and  to  apportion  such  assessment  to  the  counties,  and 
cities  and  counties,  in  which  such  railroads  are  located,  in  proportion 
to  the  number  of  miles  of  railway  laid  in  such  counties,  and  cities  and 
counties,  in  the  manner  provided  for  in  section  thirty-six  hundred  and 
sixty-four  of  said  Code; 

6.  To  equalize  the  assessment  of  each  mortgage,  deed  of  trust,  con- 
tract, or  other  obligation  by  which  a  debt  is  secured,  and  which  affects 
property  situate  in  two  or  more  counties,  and  to  apportion  the  assess- 
ment thereof  to  each  of  such. counties; 

7.  To  transmit  to  the  Assessor  of  each  county,  or  city  and  county,  its 
apportionment  of  the  assessments  made  by  said  board  upon  the  fran- 
chises, roadways,  roadbeds,  rails,  and  rolling-stock  of  railroads,  and 
also  its  apportionment  of  the  assessments  made  by  such  board  upon 
mortgages,  deeds  of  trust,  contracts,  and  other  obligations  by  which 
debts  are  secured,  in  the  manner  provided  for  in  section  thirty-six 
hundred  and  sixty-four  of  said  Code; 

8.  To  meet  at  the  state  capitol  on  the  first  Monday  in  August,  and 
remain  in  session  from  day  to  day,  Sundays  excepted,  until  the  second 
Monday  in  September; 

9.  At  such  meeting  to  equalize  the  valuation  of  the  taxable  property 
of  the  several  counties  in  this  State  for  the  purposes  of  taxation;  and 
to  that  end,  under  such  rules  of  notice  to  the  clerk  of  the  Board  of 
Supervisors  of  the  county  affected  thereby,  as  it  may  prescribe,  to 
increase  or  lower  the  entire  assessment  roll  so  as  to  equalize  the  assess- 
ment of  the  property  contained  in  said  roll,  and  make  the  assessment 
conform  to  the  true  value  in  money  of  the  property  assessed,  and  to  fix 
the  rate  of  State  taxation,  and  to  do  the  things  provided  in  section 
thirty-six  hundred  and  ninety-three  of  said  Code;  provided,  that  no 
board  of  equalization  shall  raise  any  mortgage,  deed  of  trust,  contract, 


POLITICAL   CODE.  303 

or  other  obligation  by  which  a  debt  is  secured,  money,  or  solvent  cred- 
its, above  its  face  value; 

10.  To  visit,  as  a  board,  or  by  the  individual  members  thereof,  when- 
ever deemed  necessary,  the  several  counties  of  the  State,  for  the  purpose 
of  inspecting  the  property  and  learning  the  value  thereof;  and  any 
order  made  or  resolution  adopted,  or  other  official  act  performed  by  said 
board  and  duly  entered  on  its  minutes,  shall  in  every  respect  have  the 
same  effect  as  though  done  at  the  office  of  said  board  in  Sacramento; 

11.  To  call  before  it,  or  any  member  thereof,  on  such  visit,  any  officers 
of  the  county,  and  to  require  them  to  produce  any  public  records  in 
their  custody; 

12.  To  issue  subpoenas  for  the  attendance  of  witnesses  or  the  produc- 
tion of  books  before  the  board,  or  any  member  thereof;  which  subpoenas 
must  be  signed  by  a  member  of  the  board,  and  may  be  served  by  any 
person; 

13.  To  appoint  a  clerk,  prescribe  and  enforce  his  duties.  The  clerk 
shall  hold  his  office  during  the  pleasure  of  the  board; 

14.  To  report  to  the  Governor,  annually,  a  statement  showing: 
First — The  acreage  of  each  county  in  the  State  that  is  assessed; 
Second — The  amount  assessed  per  acre; 

Third — The  aggregate  value  of  ail  town  and  city  lots; 

Fourth — The  aggregate  value  of  all  real  estate  in  the  State; 

Fifth— The  kinds  of  personal  property  in  each  county  and  the  value 
of  each  kind; 

Sixth— The  aggregate  value  of  all  personal  property  in  the  State; 

Seventh— Any  information  relative  to  the  assessment  of  property 
and  the  collection  of  revenue; 

Eighth— Such  further  suggestions  as  it  shall  deem  proper; 

15.  To  keep  a  record  of  all  its  proceedings. 

Note.— Amendment:  Subdivisions  4  and  10  empower  the  chairman  to  call  special 
meetings  in  any  county,  and  give  effect  to  the  official  acts  at  such  meetings. 

Section  3696.     To  be  amended  to  read  as  follows: 

Sec.  3696.  On  or  before  the  first  Monday  in  September  of  each  year, 
the  State  Controller  shall  present  to  the  State  Board  of  Equalization  a 
statement  of  all  the  license  taxes  that  have  been  paid  into  the  treasury 
of  the  State  by  the  treasurers  of  the  several  counties.  Between  the 
first  and  second  Mondays  in  September  of  each  year,  after  having 
deducted  from  the  specific  amount  required  for  state  revenue,  as  pro- 
vided by  the  Legislature,  the  amount  of  license  taxes  received,  as  shown 
by  the  Controller's  statement,  the  board  must  determine  the  rate  of 
state  tax  to  be  levied  and  collected  upon  the  assessed  valuation  of  the 
property  of  the  State,  which,  after  allowing  five  per  cent  for  delinquen- 
cies in  and  costs  of  collection  of  taxes,  must  be  sufficient  to  raise  the 


304  PROPOSED   AMENDMENTS   TO   THE    POLITICAL    CODE. 

balance  of  the  specific  amount  of  state  revenue  directed  to  be  raised 
by  the  Legislature.  The  board  must  immediately  thereafter  transmit 
to  the  Board  of  Supervisors  and  County  Auditor  of  each  county  a  state- 
ment of  such  rate,  and  upon  its  receipt  the  clerk  of  said  board  and 
County  Auditor  must  each,  in  writing,  notif}7  the  State  Board  of  Equal- 
ization thereof. 

Part  IV,  Title  II,  comprising  sections  from  4000  to  4348,  inclusive, 
relating  to  the  government  of  counties,  is  to  be  superseded  by  an  Act 
now  in  course  of  preparation  by  this  Commission,  and  to  be  entitled 
"An  Act  to  establish  a  uniform  system  of  county  and  township  govern- 
ments." 


U.C.  BERKELEY  UBRAF 


